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8. Section 6 (viii) (2 to 5) of Amended Act shows that Programme Officer is to assist the Panchayat Samiti. He needs to prepare plan of work for Block [Block consists of 10 villages]. He is expected to monitor projects of Gram Panchayat within his Block.

He is to sanction the payment of unemployment allowance. He is to ensure the payment of wages to labours from his Block. He is to ensure local audit of the work through Gram-Sabha etc. The Programme Officer (B.D.O.) can take help of Assistant Programme Officer. It appears that Assistant Programme Officers were used from the service people of Zilla Parishad or Revenue Department.

division. Two Assistant Programme Officers were assisting Tahsildar and they were Nayab Tasildars. In view of these circumstances, it cannot be said that these applicants were not involved in the execution of aforesaid work. They were expected to see that correct list of household was made, false names are not included and payments were actually made to the household persons shown in the list. The Engineer was expected to see that the work was executed before making proposal for administrative sanction. In view of these circumstances, this Court holds that no relief can be granted to the applicants from the aforesaid applications.

22. In Crime No. 13/2013 following applications are filed.

Criminal Application No. 2992/2013 is filed by Assistant Programme Officer (Nayab Tahsildar), Criminal Application No. 2986/2013 is filed by Assistant Programme Officer (Nayab Cri. Appln. No. 2960/13 & Ors.

Tahsildar), Criminal Application No. 1992/2013 is filed by Sarpanch, Gramsevak, Rojgar Sevak, Junior Engineer of Panchayat Samiti and Post Master. Criminal Application No. 1923/2013 is filed by Sarpanch and Criminal Application No. 2852/2013 is filed by Tahsildar. This crime is registered in respect of the work of planting trees by the side of road. The work of construction of road was done for village Jirga, Tahsil Mukhed. There was also work of digging wells. The papers of investigation include statements of many persons and they show that they did not work under aforesaid scheme for this work. They were not paid anything as wages under the scheme. Some statements are of persons, who were working with Forest Department and their names are shown as labouers for this work. There is statement of one teacher Babulal Rathod showing that his name is falsely included in the list. This record shows that false job cards were prepared in some cases, the names of deceased were used, (death certificates of those persons are collected by the investigating agency.) The papers of investigation show that when the investigation was started, attempt was made to tamper with the record by using whitener and by writing new names. For this work Tahsildar was empowered for administrative sanction.

Deputy Engineer of this Sub Division was incharge of technical wing. Nayab Tahsildars were expected to assist the Programme Cri. Appln. No. 2960/13 & Ors.

Officer and their designations are given as Assistant Programme Officers. As per the duties prescribed, Rojgar Sevak was expected to prepare the list of persons, who were to be given work. There is similar work with Gram Sevak and Sarpanch. Their powers and duties are already discussed. There are allegations against Post Master that he opened accounts in false names when those persons had not come for opening the accounts. Through these accounts, the wages were paid. This record is sufficient to show the involvement of all the applicants in this crime.