Justice Anil Kilor and Justice Pravin Patil, at the High Court allowed the criminal application (APL) filed by Rupali Manaji Mujabaile, a Gram Sevak at Gram Panchayat, Dhamangaon, Hinganghat Tahsil of Wardha District, who sought direction to discontinue ongoing trial against her. She cited her exoneration of the same charges in the departmental inquiry and referred to judgement in the case of Radheshyam Kejriwal v. State of West Bengal and another - (2011) 3 SCC 581. with the direction that the trial cannot be allowed to continue. In this case, the FIR , which is in question, was lodged six years after the alleged incident, against the applicant.

 

The allegation against the applicant is that while working as Gram Sevak, she misappropriated the amount meant for construction of well. It is further alleged that she did not keep the account properly. The charge sheet shows that in a departmental inquiry on the same charges, she was initially held guilty, however, in an appeal filed before the Divisional Commissioner , she was exonerated. In the Order, it has observed that even before the FIR and initiation of the departmental inquiry, the amount of Rs 19.010/- was deposited by the applicant with the Department. During hearing of the application on Thursday, the counsel for the applicant pointed out that the Deputy CEO , Zilla Parishad, Wardha vide communication of August 24, 2023, has directed to pay back the amount of Rs 19.010/ to the applicant in view of the Order passed by the Additional Commissioner. Advocate G N Khanzode appeared for the applicant. APP Amit Chutke represented the State.