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2. On the basis of written complaint of the Principal Secretary and Council Project Director, SSA, Darjeeling Gorkha Hill Council (hereinafter referred to as "DGHC") dated 22nd May, 2006, the Police of Sadar Police Station, Darjeeling initiated an FIR No. 31 of 2006 dated 23rd May, 2006, under Sections 420/467/468/471/409/120B of the Indian Penal Code against Shri Lakpa Rynden, WBCS, Ex-Education Secretary, DGHC and Council Project Officer, SSA and seven others including the petitioner herein on the following allegations:

"A case of fraudulent drawl & misappropriation of fund from SSA, DGH Account No. 641 maintained with DCCB, Darjeeling has come to our notice. This drawl of fund relates to the disbursement of funds under SSA for construction of new School Buildings, Water & Toilet Blocks in 102 schools, construction of additional class rooms in 90 schools and the total fund involved in this is Rs.5,14,50,000/- (rupees five crore fourteen lakhs and fifty thousand only). It appears that this fraud has been committed with collusion of ex-Education Secretary, Shri L. Rynden, staff of SSA cell Namely, late Dilip Kumar Rai, Bishan Thapa, Bijan Thapa, Ramesh Thapa, SAE Prenit Rai. There appears to be collusion between these officers & staff with the branch managers of DCCB, Darjeeling namely Mr. D.M. Tamang, B.B. Chhetri, and Mr. S. Miya. The fund has been fraudulently withdrawn and misappropriated from the available SSA funds in DGHC starting December 2004 up till March 2005. This fraudulent drawl of fund has taken place from the Current Account No.641 of District Central Cooperative Bank (DCCB), Darjeeling with the involvement of the Ex-Education Secretary, DGHC and the Council Project Officer SSA, DGHC Shri L. Rynden, WBCS, Branch Manager In-charge of DCCB, Darjeeling Shri D.M. Tamang and Managers Shri S. Miya, Shri B.B. Chhetri and the Council SSA Staff viz. Late Dilip Kumar Rai, Shri Bishan Thapa, Shri Ramesh Thapa, Shri Bijan Thapa and Shri Prenit Rai. It appears that the aforementioned persons in collusion withdrew an amount of Rs.

514.50 lakhs from the DCCB vide 30 cheques drawn at different dates on the same account and received the amount entirely in cash but there is no trace of this amount having been officially disbursed to the alleged VEC/WEC. Late Dilip Kumar Rai who functioned as Cashier in SSA Cell and others received the cash amount as per the enclosed statement of the Bank, Dilip Kumar Rai, cashier, SSA cell, DGHC expired on 22/10/05. Shri Rynden has been transferred since March, 2005 and presently posted in District Magistrate's Office, Darjeeling.

5. There is no authentic record indicating in whose favour or to whom was this cash withdrawn from the Bank disbursed or handed over.

6. These entire transactions came to light when the audit conducted by Sr. Auditor form the Office of Pr..AG (Audit) dated 17.11.05 gave adverse comments regarding handling of SSA funds, particularly the non submission of Utilization certificates relating to the Civil Works, following which this office asked the respective VECs/WECs for submission of Utilization Certificates for the funds purported to have been credited in their favour by the Account Payee Cheques from the SSA fund. There was a complete denial from all VECs/WECs for having received any fund from SSA for construction of new school buildings or additional class rooms.