Petitioner challenged criminal charge of misappropriation post-retirement. Court held allegations were prima facie proved in a vigilance enquiry and could not be adjudicated by the writ Court under Article 226. The writ petition was dismissed as devoid of merits.
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Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 4870 of 2021 Petitioner :- Krishan Autar Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Uma Nath Pandey Counsel for Respondent :- G.A. Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard the learned counsel for the petitioner, Sri Ajit Kumar Singh, the learned Additional Advocate General, assisted by Ms. Archana Singh, appearing for the State and perused the record.
Placing the averments in the first information report, it is argued by the learned counsel for the petitioner that the allegations in the first information report regarding misappropriation of the public money cannot be established as the said allegations have been made much after the retirement of the petitioner.
The contention is that the purchases of the financial years of 2002-2003 and 2003-2004 had been enquired much after the retirement of the petitioner. Even otherwise, every purchase was made with the sanction of the Principal of the institution concerned. In that case, the petitioner cannot be held liable for any misappropriation of the public money and the allegations, in this regard, in the first information report are baseless, false and concocted.
Noticing the above statement, suffice it to note that the allegations in the first information report have been levelled after a vigilance enquiry was conducted by the competent officer. In the open enquiry, the allegation of misappropriation of public fund were found prima facie proved.
The assertions in the first information report regarding the involvement of the petitioner in siphoning the public money by making purchasees from a firm, which was not in existence, are clear and categorical. It is not possible for the Court to ascertain the truth of the allegations therein within the scope of Article 226 of the Constitution of India, inasmuch as, it is only within the jurisdiction of the Investigating Officer to find out the same.
The writ petition is, thus, found devoid of merits and hence, dismissed.
Order Date :- 16.9.2021/Gss
2 issues framed by the court
Whether the allegations of misappropriation of public money made after the petitioner's retirement are maintainable in a criminal writ petition.
Whether the Court can ascertain the truth of allegations regarding non-existent firm fabricated purchases within the scope of Article 226.
Krishan Autar Gupta
State Of U.P.
Sunita Agarwal
Sadhna Rani Thakur
As recorded by the court registry
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