Delhi LG gives nod for prosecution of head constable in embezzlement case

New Delhi [India], December 18 : Delhi Lieutenant Governor V K Saxena has accorded sanction for the prosecution of a head constable in a case of embezzlement of government funds to the tune of Rs 2.44 crores in which 10 other Delhi Police officials have been facing criminal proceedings in the court.
Saxena has approved the proposal of the Home Department to go ahead with the prosecution of Head Constable Vijay Pal, who is accused, along with other police officials, of the offences of cheating, criminal conspiracy and criminal breach of trust.
They have been charged with embezzlement of funds meant for salary, arrears on tuition fees, etc. for their personal use.
The LG noted that on careful scrutiny of the evidence on record, he was of the considered view that prima facie, a case is made against the accused police official, Vijay Pal, for grant of sanction under Section 197 (1) of the Code of Criminal Procedure, 1973, to prosecute him for the offences mentioned in the FIR.
When the LG granted sanction for the prosecution of 10 other police officials in October this year, he was informed that all of them were posted in the Outer District at the time of committing the offences while Vijay Pal was with the Traffic.
Saxena had directed the Delhi Police to submit the case of Vijay Pal (Head Constable), Traffic, expeditiously and accordingly, on October 30, 2023, a request was made for prosecution sanction under Section 197 of the CrPC.
Delhi Police submitted a copy of the bank account in respect of accused Vija Pal for the period from 01.01.2009 to 03.10.2019 to buttress its case and the Home Department submitted that the matter appears to be fit for prosecution sanction under Section 197 of the CrPC.
It was revealed during the investigation that the embezzled amount had been credited to the accounts of the accused persons, who further transferred the ill-gotten amount to the accounts of accused Anil Kumar and his relatives after retaining about 20% of the amount as their commission.
Earlier, sanction for prosecution was accorded against a woman Sub-Inspector(SI) Meena Kumari, Harender (SI), Vijender Singh, Viju PK, Anand Kumar (all Head Constables), Krishan Kumar, Anil Kumar, Ravinder, Sanjay Dahiya and Rohit (all Constables).

The FIR in the case was registered under sections 409, 420 and 120B by the Economic Offence Wing of the Delhi Police on October 1, 2019.

In October, while seeking sanction for the prosecution of 10 police officials, the Home Department submitted that in the disclosure statements, Krishan, Vijender Singh, Anil Kumar and Meena Kumari admitted embezzlement of government funds by them and the statements of witnesses, seizure memo and accounts statements of the other six accused persons shows their involvement in syphoning off funds for their personal use.
EOW, Delhi Police has filed the charge sheet in the case against four accused: Krishan, Vijender Singh, Anil Kumar and Meena Kumari, and approval has been sought to charge the other six in court.
Delhi Police has already dismissed Krishan Kumar, Vijender Singh, Anil Kumar, and Meena Kumari from service by invoking provisions of Article 311(2) (b) of the Constitution.
The inquiry officer had informed that as the accounts of the accused have been seized, recovery of embezzled funds could not be made.
Tuition fees and HRA bills were checked, details of the inflated amount and illegal beneficiaries were drawn and an amount of Rs. 2.44 crore, approx., was found credited in the bank accounts of 12 beneficiaries.
Section 197 of the CrPC provides as under-(1) When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction.