DEVENDRA KUMAR ARORA,J. - (1.) Heard Sri Shishir Chandra, learned counsel for the petitioner, Sri V.K. Sahi, learned Additional Advocate General assisted by Shri Ananad Kumar Singh, learned Additional Chief Standing Counsel and perused the material available on record.
(2.) In the instant writ petition, the petitioner inter-alia has sought for quashing of the order dated 23rd July, 2009 passed by respondent no.3 [Deputy Director of Agriculture (Land Conservation), District Sitapur]. The petitioner has also sought a restraint order restraining the respondents from compelling the petitioner to face trial in connection with First Information Report dated 4th February, 2006 lodged as case crime No.46 of 2006 under Sections 409 467 468 471 120-B of the Indian Penal Code at Police Station Kamlapur, District Sitapur.
(3.) Learned counsel for the petitioner has submitted that on the basis of a complaint made by a local Member of Legislative Assembly, namely, Shri Ram Rajvanshi, a First Information Report being case crime No.46 2006 was lodged at Police Station Kamlapur, District Sitapur under Section 409 467 468 471 120-B I.P.C. alleging misconduct and misappropriation of public money in execution of work for land conservation. The petitioner was also named in the said First Information Report as it is said that he was also associated with the said project. Apart from aforesaid F.I.R. a departmental inquiry was also conducted. However, in the inquiry, nothing adverse was found against the petitioner, except an alleged shortage of Rs.1246.31- out of the total amount of Rs.1,78,399-, which was directed to be recovered from the petitioner. Even though, the liability of Rs.1246.31- attributed to the petitioner was also not found proved, however, the petitioner deposited the said amount under compulsion vide treasury challan dated 14th August, 2007, which was duly communicated to the disciplinary authority vide letter no.1546 dated 18th December, 2007.;