The Lucknow Bench of the Allahabad High Court has directed the Director of Minority Welfare to file an affidavit regarding steps taken for recovery of amount from officers found guilty in the departmental inquiry related to embezzlement of crores of rupees from Madrassa students in the name of scholarship.
The Division Bench of Chief Justice Rajesh Bindal and Justice Alok Mathur passed this order, while hearing a PIL filed by the Islamic Madarsa Modernisation Teacher Association in 2014.
The petition was filed in public interest in 2014, raising an issue that there was embezzlement of State funds to the tune of Rs 17 crore pertaining to Pre-Matric Scholarship Scheme sponsored by the Central Government.
The prayer was made for entrusting the investigation to the Central Bureau of Investigation and registration of FIR.
In the counter-affidavit filed by the District Minority Officer in July, 2014, it was stated that in the inquiry report dated May 12, 2014, it was found that the then District Minority Welfare Officer had raised demand of Pre-Matric Scholarship amounting to Rs 24,92,76,312 by forging names of the students.
It was further found that regarding payment of Pre-Matric Scholarship for the year 2011-12 & 2012-13, no files/records were available in the Office.
The Court noted that an FIR was registered and an Inquiry was conducted against V.P. Singh, who was found guilty.
On January 11, an affidavit, sworn by Shesh Nath Pandey, presently posted as Joint Director, Minority Welfare, was filed. It has been stated therein that the trial in the criminal case registered against Singh was in progress.
The delay was on account of the fact that sanction for prosecution was granted by the competent authority on October 15, 2014 and June 19, 2019.
Perusal of the aforesaid two orders placed on record shows that the sanction was granted by the Director, Social Welfare Department.
Apparently, he may also be involved or the staff working in the Directorate, who was sitting on the files for seeking sanction of prosecution against Singh, who was even found guilty in departmental enquiry for embezzlement of crores of rupees.
Once sanction was sought and granted vide order dated October 15, 2014, why the complete case was not put up at that stage for seeking sanction of prosecution, needs to be answered.
As far as recovery of the embezzled amount was concerned, it was stated that recovery of the amount has been stayed. The order passed in the aforesaid writ petition, which was pending at Allahabad, has been placed on record.
A perusal of the aforesaid order showed that the amount demanded therein was only Rs 27,25,000. Detailed reasons have been recorded while granting interim stay, which in terms of the order made out prima facie case in favour of the petitioner there. There was nothing stated in the affidavit regarding recovery of the balance amount.
The Counsel for the State submitted that a perusal of the affidavit showed that complete information has not been furnished. He submitted that the affidavit has been handed over to him to be filed in the Court without getting the same vetted from him. More time is requested to file a comprehensive affidavit.
“Let affidavit of respondent no 2 be filed explaining all details and also stating as to why recovery of the balance amount of the embezzled amount has not been made till date and who are the persons responsible for the same and also explain as to why recovery of the balance amount be not made from the officer(s)/ official(s), who had failed to recover the amount despite finding in enquiry that the amount has been embezzled by forging data of students admitted.
In case, the affidavit is not filed by the next date of hearing, respondent no 2 shall appear in person in the Court along with complete records,” the order read.
The Court has fixed the next hearing of the petition on January 25.