Criminal court not to assume role of disciplinary authorities while delivering judgments

Criminal Court cannot issue directions to recover amount from a public servant for his alleged dereliction of official duties that caused loss to Local Self Government Institutions, assuming role of disciplinary authorities.

Criminal court only has to see whether an offence of defaulting in payment of building tax despite repeated demand notice as alleged against accused is attracted or not. If there is any dereliction of duty on the part of Panchayat Secretary and Lower Division Clerk in recovering any amount, there are other methods to recover amount from them. Panchayat Authorities are specially empowered to undertake departmental enquiry against officer concerned if anything like that happened. In such case Criminal Court need not assume the role of disciplinary authorities while delivering judgments in criminal cases.

Accused, who is the owner of building of Pozhuthana Grama Panchayat had failed to remit the building tax for the period 2000-2001 and 2001- 2002 despite repeated demand notice. Distraint warrant issued against him returned impracticable. The amount of Rs.15,428/- is due from him. Trial Court, after acquitting the accused, without any jurisdiction, further directed to recover the amount from the Panchayat Secretary and the Lower Division Clerk.

Panchayat Secretary and the Lower Division Clerk have taken all steps to recover the amount from the accused. The initiation of prosecution itself will show the efforts taken by Panchayat Secretary and Lower Division Clerk, the counsel submitted. Therefore, the Magistrate's direction to recover the amount due from the accused to the Panchayat from Panchayat Secretary and the Lower Division Clerk is not correct. The criminal court need not assume the role of disciplinary authorities while delivering judgments in criminal cases.

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