Patna High Court - Orders
Anil Kumar Srivastava vs State Of Bihar on 7 January, 2010
Author: Dharnidhar Jha
Bench: Dharnidhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.35820 of 2009
UMESH PRASAD @UMESH CHANDRA S/O SRI RAM BACHAN RAM
MOH- KURAICH YADAV DHARAMSALA SIKSHA PARIYOJNA,
SASARAM, ROHTAS.
Versus
THE STATE OF BIHAR
with
Cr.Misc. No.37117 of 2009
DHANESHWAR PRASAD S/O LATE SRI RAM PRASAD R/OVILL
MAHADEOGANJ, P.S. NAWANAGAR, DISTT- BUXAR, AT
PRESENT RESIDENT OF VILLAGE MAHADEOGANJ, P.S.
NAWANAGAR,DISTRICT BUXAR, AT PRESENT WARD NO.9,
BIKRAMGANJ, P.S. BIKRAMGANJ, DISTT- ROHTAS
Versus
THE STATE OF BIHAR
Wit
Cr.Misc. No.37335 of 2009
ANIL KUMAR SRIVASTAVA S/O NIRSU NARAYAN SHRIVASTVA
VILL.BANDE P.S AMNOUR DIST. SARAN AT PRESENT SUB-
DIVISIONAL EDUCATION OFFICER, SASARAM NORTH,
BIKRAMGANJ, ROHTAS
Versus
THE STATE OF BIHAR
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3. 7.1.2010Heard.
The F.I.R. is in respect of defalcating huge money by getting issued a Cheque Book of particular numbers of cheques unauthorisedly allegedly by some other person who has not yet been traced out and by issuing those cheques withdrawing huge amount of public money which could be above Rs. 40,00000/-(forty lakhs). The accounts being run in the Punjab National Bank and Allahabad Bank at Sasaram. Punjab National Bank had two accounts whereas Allahabad Bank had one. Shri Anil Kumar Srivastava was the Sub-divisional Education Officer, Bikramganj, 2 Sasaran North, In-charge of Bikramganj and two other petitioners were employees working under him.
It is not denied that they had
allotment in their favour and they were
operating the accounts. It is also not denied that it was their duties to have the accounts updated in respect of the accounts held by the Education Department for running the Mid Day Meal Centres. As may appear from the F.I.R. the three petitioners simply showed their ignorance as to how cheques were obtained fraudulently from the banks and how the cheques were issued on different dates withdrawing huge amount of over 40,00000/- (forty lakhs). This very ignorance, to me, appears a simple case of connivance inasmuch as no official who is entrusted with such a huge public money could be showing ignorance as to the withdrawal of the money. The petitioners involvement appears writ large on the face of the allegation.
These petitions are dismissed.
( Dharnidhar Jha, J.) Kanth