A division bench of Justices P V Hardas and Mridula Bhatkar was hearing a petition filed by Swamidas Chobe, who served in Maharashtra PWD as executive engineer from 2010 to January 2012, seeking to quash the case lodged against him.
In October 2012, an FIR was lodged against him by Azad Maidan police for alleged criminal breach of trust and issuing cheques to contractors well above the sanctioned budget amount.
After the work is completed by contractors, it is scrutinised by the department and the file is sent to the executive engineer for approval and issuance of cheque. The executive engineer issues a cheque as per the Budget Distribution System (BDS). Behind every cheque leaf is a BDS number which is different in each cheque.
"It is alleged that while discharging his duties as executive engineer, the petitioner (Chobe), mentioned one BDS number on several cheques and issued cheques of more value than mentioned in BDS slips," Chobe's petition filed through advocates Niranjan Mundargi and Mahesh Vaswani stated.
Chobe's advocates argued that in a number of cases, repair works are required to be carried out on a priority basis and considering the urgency, pending bills are cleared at the earliest and cheques are issued.
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