- (1.) The petitioner has filed the instant Public Interest Litigation under Article 226 of the Constitution seeking a direction to initiate proceedings as per the recommendations made by the Lok Ayukta, Haryana against respondent Nos. 4 to 6 for embezzlement of public money and causing financial loss to the exchequer by their acts of omission and commission. The petitioner has highlighted that as to how respondent Nos. 4, 5 and 6 despite having been found guilty of illegalities and irregularities in purchases for the Government had not been punished appropriately because of certain extraneous consideration. He has also averred that despite specific orders of Lokayukta, Haryana and findings of Enquiry Officer Shri P.S. Narwal, Deputy Director, against respondent No. 4 and 5 regarding irregularities committed by them in the purchases and against respondent No. 6 for getting undue advantages in his official capacity, the State did not even deem it appropriate to suspend them keeping in view established charges of embezzlement or misuse of office and despite arrest of one of the accused in FIR No. 161, dated 1.4.2010, under Sections 409, 420, 468, 471 IPC, registered at Police Station Civil Lines, Gurgaon. The petitioner is working as a Painter Instructor at ITI, Sonepat. On 28.3.2008, he made a complaint to the Director, Industrial Training and Vocational Education Department, Haryana respondent No. 3. He pointed out misappropriation of Rs. 50,000/- by Raj Kumar-respondent No. 4, who has been working as a Principal, in Gurgaon. He also highlighted corrupt practices in the purchase of books and embezzlement of Rs. 15,00,000/- in the purchase of one Jeep and one TATA-407 Truck. The petitioner also lodged a complaint with the Lokayukta Haryana. As per the allegations made, respondent No. 4 has purchased one old Jeep for Rs. 6,48,002/- and one TATA-407 Truck for '9,83,295, whereas at the relevant point of time a New Maxx 10 STR Jeep was available at the ex showroom price of Rs. 4,76,000/- and a new TATA Model SFC-407 was available at the ex-showroom price of Rs. 5,15,398/-.
(2.) On 27.7.2009 (P-5), the Director-respondent No. 3 informed the office of Lok Ayukta, Haryana that a charge sheet for embezzlement of '16.31 lacs in the matter of purchase of a Jeep and a TATA-407 was issued against respondent No. 4 and disciplinary action was initiated under Rule 7 of Haryana Civil Service (Punishment and Appeal) Rule, 1987 (for brevity, 'the Punishment Rules').
(3.) The Enquiry Officer in his report dated 27.11.2009 recorded a categorical finding against respondent No. 4, which is as follows: After examining the above documents, the preliminary inquiry of both officers it is found that two vehicles were demanded one is light commercial vehicle and second was four wheeler diesel vehicle. Purchase committee was constituted for this purpose; the head of the same committee was the Principal himself. Spare parts were purchased instead of new vehicles and then it was assembled. The chasis of vehicles Tata-407 and Jeep were purchased from scrap shops. Perhaps, this is a extra-ordinary case in the state where the officers has committed irregularities and acted with irresponsibility and violated the rules and try to show the old vehicles as a new vehicle. It is also objectionable and offence able that the price of assembled vehicles cost very high than the new vehicles. Sh. Raj Kumar was Chairman of purchase committee and all this happen in his Chairmanship and fully involved himself in this matter for which he is responsible for financial loss to the State Govt. and tarnished the reputation of the department. Hence all the allegations leveled against Sh. Raj Kumar stand proved. The complainant has stated that all the irregularities have made (sic were committed?) on the instructions of Sh. Kamlesh Kumar PS to director working in the head office. Complainant has also stated that he remained suspended by (sic for?) such as omissions. This is a serious matter which is considerable for the department.;