Bombay High Court
MANMATH S/O. VIJAYKUMAR MAHAJANversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The court held that no criminal prosecution is required as the departmental enquiry did not establish the alleged misappropriation, and therefore the petitions were disposed of.
Summary
Manmath, a villager, filed criminal writ petitions seeking a direction to register a criminal offence against a Gram Sevak for alleged misappropriation, relying on an enquiry report dated 01‑08‑2017 prepared by the Assistant Block Development Officer. The court noted that a departmental enquiry was subsequently conducted against the Gram Sevak, which examined two specific accusations: irregularities in 198 constructions under the Swachh Bharat Mission and the non‑execution of two works under the Maharashtra Rural Employment Guarantee Scheme. The enquiry found the first accusation unsubstantiated, while it confirmed the second, resulting in the temporary stoppage of one increment of the Gram Sevak’s salary. Given that the departmental enquiry did not establish any misappropriation and only a disciplinary measure was imposed, the court held that there was no necessity to initiate criminal prosecution as prayed for. Consequently, both criminal writ petitions were disposed of. The judgment underscores that criminal proceedings cannot be compelled where a departmental enquiry has already addressed the allegations and found no basis for prosecution.
Issues considered
- Whether the court should direct the registration of a criminal prosecution against the Gram Sevak for alleged misappropriation based on the findings of a departmental enquiry.
Subjects
- criminal prosecution
- departmental enquiry
- misappropriation
- Gram Sevak
- Swachh Bharat Mission
- Maharashtra Rural Employment Guarantee Scheme
- writ petition
- disposal
Judgment
2026:BHC-AUG:39476-DB
913 CRIMINAL WRIT PETITION NO. 324 OF 2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
913 CRIMINAL WRIT PETITION NO. 324 OF 2020
WITH
CRIMINAL WRIT PETITION NO. 325 OF 2020
Manmath S/o. Vijaykumar Mahajan
Versus
The State Of Maharashtra And Others
__________________________________________________________
Adv. Shinde Dhananjay M. for the Petitioner
Ms. U. S. Bhosale, APP for State
Adv. S. B. Ghute for Respondent Nos. 4 and 5
__________________________________________________________
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATE : AUGUST 28, 2026
PER COURT :
1) Criminal Writ Petition No. 325 of 2020 is not on
board. Upon mentioning, taken on board.
2) Heard.
3) In both the present petitions, the petitioner,
being a villager, is seeking direction for the registration of
an offence against the concerned Gram Sevak for alleged
misappropriation in the Gram Panchayat, in view of the
enquiry report dated 01.08.2017, conducted by the
Assistant Block Development Officer.
4) However, it appears that after the said report,
Departmental Enquiry was conducted against the
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913 CRIMINAL WRIT PETITION NO. 324 OF 2020
concerned Gram Sevak, and it was found that no
accusation in respect of the alleged misappropriation was
established against the said Gram Sevak, Panchayat
Samiti, Hingoli.
5) In the said Departmental Enquiry, there were
two accusations : First, there was an irregularity in 198
constructions under the Swachh Bharat Mission. Second,
there was an absence of two works under the Maharashtra
Rural Employment Guarantee Scheme.
6) The first accusation could not be established in
the said Departmental Enquiry, but accusation number 2
was established, and for that, one increment of the said
Gram Sevak was temporarily stopped.
7) Under such circumstances, considering the
outcome of the Departmental Enquiry against the said
Gram Sevak, there is no necessity of initiating criminal
prosecution as prayed. In view of the same, both the
Criminal Writ Petitions stand disposed of.
(VAISHALI PATIL-JADHAV) (SANDIPKUMAR C. MORE)
JUDGE JUDGE
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