SANDEEP MEHTA,J. - (1.) The instant bunch of writ petitions as well as criminal misc. petitions involve common questions of facts and law and are thus being decided by a single order.
(2.) The petitioner Shera Ram was the then elected Sarpanch and the petitioner Shivdarshan was posted as Gram Sevak-cum-Secretary at the Gram Panchayat Datina, District Nagaur at the relevant point of time.
(3.) During the tenure of the petitioners, certain construction/development works were undertaken in the Gram Panchayat Datina under the MGNREGA Scheme. One Maan Singh lodged various complaints in the court of learned Special Judge, Anti Corruption Cases, Jodhpur alleging inter alia that the Sarpanch Shera Ram and the Gram Sevak Shivdarshan, acting in connivance with various other officers of the Panchayat Samiti, Nagaur, carried out the disputed works in a substandard manner and, by making excessive valuation, got sanctioned the total estimated cost of the works thereby causing loss to the Government. The complaints were lodged for the following works: 1. Construction of Tanka in Aanganbari Kendra No.2 (FIR No.41/2011) Sanction order No.31265 dated 31.03.2008. 2. Construction of tanka (water tank) in Aangabari Kendra No.3 (FIR No.42/2011) Sanction order No.31265 dated 31.03.2008. 3. Construction of gravel road from village Datina to Karnoo (FIR No.43/2011) Sanction order No.11194 dated 26.07.2008. 4. Construction of grave road from the village Datina to Dairywala Rajput Dani (FIR No.44/2011) Sanction order No.21650 dated 13.04.2009. 5. Construction of Tharali Nadi in the village Datina (FIR No.45/2011) Sanction Order No.24396 dated 14.05.2009. 6. Construction of Nayi Nadi in the village Datina (FIR No.46/2011). 7. Digging of Khidolai Nadi (FIR No.47/2011) Sanction order No.3440 dated 20.05.2008 passed by District Collector-cum-District Project Coordinator. 8. Digging and Pakka construction of Khidolai Nadi in village Datina (FIR No.48/2011) Sanction order No.24396 dated 14.05.2009 passed by the District Collector-cum-District Project Coordinator. 9. Digging and Pakka construction of Kerolai Nadi in village Datina (FIR No.49/2011) Sanction order No.21680 dated 13.04.2009.;