- (1.) The crux of the facts, which needs a necessary mention for the limited purpose of deciding the core controversy involved in the instant petition and emanating from the record, is that petitioner Vidya Dhaka was working on the post of Principal in Government Girls Senior Secondary School, Rohtak. During the course of service, she alongwith the other accused was stated to have committed various offences and a criminal case was registered against her, by virtue of FIR No.693 dated 23.9.2009 (Annexure P2). The relevant contents of the FIR, if extracted, read as under:- "That Smt.Vidya Dhaka, Principal Govt. Senior Secondary Girls, because of many irregularities committed by her was suspended, she kept substantial amount of Government funds without any reason which was later on deposited by her. Hence, she has committed temporary embezzlement. Apart from it, security funds are deposited by the students. The amount collected for such security funds deposit was Rs.9,30,721/-, but Rs.20,000/- have been shown to be deposited. Prior to it security funds were used to be deposited in the post office. These deposits were withdrawn from the post-office and after four months, this amount was deposited in a bank and, hence, she has committed temporary embezzlement. After leaving the school this amount is returned to the students but security deposits of many students were withdrawn by forging signatures. The applications of the students who withdrew the amount are also missing from the records. Grant is distributed to the students of Scheduled castes which was not distributed but this amount was taken by Prabha Siwach, Lecturer in Hindi by forging signatures. A separate account No.10310338410 was being operated by the Principal. From this account Rs.50,000/- got withdrawn through one Parkash, Peon. This account pertains to Red-Cross funds. In the funds register this account is shown transferred by the name of Mid Day Meals. But in the Mid Day Meals funds up to 31.7.2009 no amount has been shown in the register. It shows that amount of this funds has been mis-appropriated. Apart from it, there is another account by name P.T.A. Account. In this account from students 6 th standard to 8 th standard Rs.2, and from students of 9 th standards to 12 standards Rs.5 are deposited. In these classes there are about 2000 students but the deposit in this account should not be more than 10,000/-. But upto 30.6.2009, Rs.77,827/- has been shown deposited. Under this fund the Principal has mis-utilized this amount. From each students Rs.22 to 28 have been taken on this accounts. Shocks and ties have been shown purchased, whereas these shocks and ties were purchased by Smt.Sushila Dhankar lecturer. After suspension the Principal kept the account and other record in her custody. Smt.Bimla Lecturer, in Hindi many times, without any permission visited America and Canada. Her presence was marked from September to December 2008 and her salary for these months was withdrawn by the principal which was got embezzled. Smt.Chand Lecturer in Music is leaving at Gurgaon. She occasionally comes to the school. By marking her presence, the Principal got her salary withdrawn. Smt.Geeta who is near relative of the principal was not even B.Ed pass. The Principal got her appointed as guest teacher and during this period she was attending classes in CR Education College, Rohtak. She was paid salary for a year. Lateron to get the things concealed she was transferred to GSSS, Bhiwani road Rohtak. Similarly, the contract of the canteen was given to part time Chowkidar, Ram Kumar, Principal used to get his salary. There is a Government quarter in the name of Smt.Phulli. From the School meter to this quarter, unauthorized connection of Cooler and Heater have been provided. The aforesaid Phulli is leaving in Janta Colony and is claiming house rent. The Principal has got printed different bill books which remain in the custody of Rajbir Lab attendant. On the asking of Principal Rajbir and Anjana lecturer prepare pay bills and both of them forge the signature of Vidya Dhaka, Principal. Thus Vidya Dhaka, Prabha Siwach, Parveen Rana and Rajbir are misutilizing the funds. No purchase or stock register is maintained. The Principal in the month of March got withdrawn Rs.2,00,000/-, whereas, as per the Govt. instructions the principal can not withdraw more than Rs.20,000/- at one time. False bills of students of Mid Day Meals were prepared by Rajbir Lab attendant and he got embezzled the aforesaid amount on the asking of principal. The principal got burned old cash book and pass book and new cash book and pass book were started. Because of this reason Mukesh Kumari, clerk felt annoyed and proceeded for 3 months leave. If, the old and new cash book are compared, many irregularities would have come to surface. The gifted articles such as water coolers have been shown purchased and by preparing false bills. The principal has misutilized this money. The principal has got installed her old A.C. brought from her house and the new A.C. was purchased from the students funds and got installed at her house. Under SSA scheme every teacher gets Rs.500/- per year. This money was not reimbursed to the teachers. The teacher being terrorized are unable to speak against her. They are afraid that their ACRs will be spoiled. The Principal get constructed a kothi in Sector -2, Rohtak. The value of this kothi is about two crores. She has two cars and very costly furniture is there in her house. All these things are beyond the source of her income. For the foresaid irregularities offences under Sections 409, 420, 467, 468, 471, 120-B IPC are made out."
(2.) That being the position and in the wake of statement of DSP Crime Branch, a criminal case was registered against the petitioner, on accusation of having committed the offences punishable under Sections 409, 420, 467, 468, 471 and 120-B IPC by the police of Police Station City, Rohtak in the manner indicated hereinabove.
(3.) Having completed the investigation, the police has already submitted the final police report/challan against the petitioner in terms of section 173 (2) Cr.PC in the trial Court.;