2025:HHC:13040 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA COPC No.125 of 2025 Date of Decision: 07.05.2025 _____________________________________________________________________ Raghubir Singh & Anr. ……...Petitioners Versus Raghav Sharma & Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioners: Ms. Rajni Gandhi, Advocate. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General, for respondents-State. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) While placing on record communication dated 26.04.2025, issued under the signatures of Director (PR), to the Government of Himachal Pradesh, Mr. Rajan Kahol, learned Additional Advocate General, states that besides criminal proceedings, departmental proceedings have already been initiated against the erring officials. He states that Additional Deputy Commissioner, Sirmaur, has been appointed as an Inquiry Officer for conducting inquiry against Smt. Chameli Devi, Ex-Pradhan, Gram Panchayat Ashyadi on 10.03.2025, whereby it was recommended to submit the detailed inquiry report within 2 30 days from the issuance of the orders. He further states that inquiry reports of SDM, Shillai and Additional Deputy Commissioner, Sirmaur, are presently awaited. 2. Perusal of afore communication, which is taken on record, clearly reveals that preliminary inquiry was ordered on 24.04.2024 in respect of a complaint received from Mr. Tika Ram, Mr. Bharat Singh, Mr. Bahadur Singh, Mr. Raghubir Singh, Mr. Dharam Singh, Mr. Balbir Singh, vide UO dated 23.03.2023 through the office of Hon’ble Chief Minister, Himachal Pradesh. The inquiry report of BDO Shillai was received in the office of DPO Sirmaur on 11.10.2024 and as per the findings of the report, an expenditure amounting to Rs. 63,00,000/- was found to be surplus as per the evaluation of the records. 3. After having found certain individuals guilty of misuse of Government funds, a number of persons have already been suspended on the basis of preliminary inquiry report. Vide communication dated 15.10.2024, District Panchayat Sirmaur had requested District Development Officer, Sirmaur, and Secretary, Zila Parishad, Sirmaur, to initiate disciplinary/departmental action against the officials involved in 3 the matter. Subsequently regular inquiry was ordered by the Deputy Commissioner, Sirmaur, District Sirmaur, Himachal Pradesh on 14.11.2024 and the same was entrusted to SDM, Shillai, District Sirmaur. 4. Having perused aforesaid communication, this Court is fully convinced that in terms of mandate contained in the judgment, alleged to have been violated, respondents, besides initiating criminal proceedings, have also initiated disciplinary proceedings and as such, no action of the respondents can be said to be contumacious. 5. In view of above, present petition is disposed of. Notices issued to the respondents are discharged. Needless to say, respondents, while doing the needful in terms of judgment, alleged to have been violated, shall also associate complainant in inquiry and all out efforts shall be made to conclude departmental inquiry within a period of six months. May 07, 2025 (Sandeep Sharma), (Sunil) Judge