Bombay High Court
MANMATH S/O. VIJAYKUMAR MAHAJANversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
No criminal prosecution is required against the Gram Sevak; the writ petitions are disposed.
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. The court noted that a departmental enquiry was subsequently conducted, which found no evidence of misappropriation. The enquiry examined two allegations: irregularities in 198 Swachh Bharat Mission constructions (not established) and the non‑execution of two works under the Maharashtra Rural Employment Guarantee Scheme (established, resulting in a temporary stoppage of the Gram Sevak's increment). Given the departmental enquiry’s findings, the court held that there was no basis to initiate criminal prosecution. Consequently, both writ petitions were disposed of without any order for prosecution.
Issues considered
- Whether the court should direct the registration of a criminal prosecution against the Gram Sevak based on the initial enquiry report.
- Whether the findings of a departmental enquiry preclude the initiation of criminal proceedings.
Subjects
- criminal prosecution
- departmental enquiry
- misappropriation
- Gram Sevak
- Swachh Bharat Mission
- Maharashtra Rural Employment Guarantee Scheme
- writ petition
- disposal
Judgment
2026:BHC-AUG:39478-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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