- (1.) RULE returned forthwith with the consent of the parties.
(2.) FOR the present purpose, the facts which we would notice hereinunder briefly lie in a very narrow compass.
(3.) ON the complaint of Shantaram Naik, proceedings were initiated against the petitioner under the Goa Public Mens Corruption (Investigations and Inquiries) Act, 1988, for short, "the Act". The Final Report submitted by the Commission under the Act, is Exhibit E dated 24th March, 1999. It has been rendered by the Chairman and a Member of the Commission. The said Final Report inter alia states that as the petitioner is no more Sarpanch no order under section 18 of the Act is to be made. The recommendations made in terms of the Final Report dated 24th March, 1998, are: (a) Criminal proceedings be instituted against the respondent and his accomplished (accomplices) in view of the misappropriation of funds of the Panchayat for offences punishable under the Prevention of Corruption Act; (b) Civil Proceedings be initiated against the respondent, for the recovery of the misappropriated amount of Rs. 15,476/- with interest from the date of the issuance of the cheque to Tilve till actual payment. This action should be taken forthwith, having in mind the law of limitation, for delay in taking it may result in the claim becoming time barred. " it however appears that the third Member of the Commission, in terms of his Report dated 16th March, 1999, directed as under:-"the respondent ought to refund the amount of Rs. 15,476/- (Rupees fifteen thousand four hundred seventy six only) in full to the Panchayat without prejudice to his right to file suit against whomever he so desires so as to claim from Bodko and Guru whatever money he alleges to have given to them. The money that is received ought to be paid to the Temple. In case the respondent defaults in payment, he cannot continue even as a Panch in terms of section 10 (d) of the Panchayat Raj Act and the competent authority ought to initiated recovery proceeding for the amount of Rs. 15,476/- (Rupees fifteen thousand four hundred and seventy six only) against the respondent. In addition the competent authority will also initiate criminal proceedings against the respondent and his associates i. e. Tilve and Bodko and Guru because the respondent in joint conspiracy with these people created all this situation which not only gave rise to the present proceedings by illegally retaining the public funds and depriving the Temple Committee of the money. ";