Madhya Pradesh High Court
Swami Vivekanand Institute Of ... vs The State Of Madhya Pradesh on 9 May, 2018
THE HIGH COURT OF MADHYA PRADESH
WP-4828-2014
(SWAMI VIVEKANAND INSTITUTE OF PARAMEDICAL SCIENCES, BARWANI Vs THE STATE OF
MADHYA PRADESH)
4
Indore, Dated : 09-05-2018
Shri B.S. Gandhi, learned counsel for the petitioner.
Shri Abhinav Malhotra, learned GA for the respondent/State.
Learned counsel for the petitioner submits that identical writ sh petitions have been disposed of by the Principal Bench of this Court and this petition may also be disposed of in same terms.
e ad Order passed in W.P.No.14231/2014 and other identical writ petitions is reproduced below:
Pr "Though the learned counsel appearing for the petitioners submit that the issue involved in the present bunch of petitions is squarely covered by the a Division Bench decision of this Court rendered in W.P. No.10779/2014 hy [Meenakshi Academy of Paramedical Studies vs. State of M.P. & Ors.] along ad with which all these petitions were heard and reserved for orders, however, a perusal of the ordersheet indicates that it was observed by the Division Bench M on 19-8-16 that as the facts in the said case were different, therefore, these cases were directed to be released.
of Apparently, the issue involved in the present petitions relates to recovery on account of illegal and fraudulent reimbursement of scholarship admissible rt to the Scheduled Castes and Scheduled Tribes students by the institution. ou On a perusal of W.P. No.14231/14 and W.P. No.14778/14 it is apparent that there is no impugned order on record against the petitioners' â C institutions. On the contrary, the impugned order is said to be Annexure-P/7 h appended to the W.P. No.14231/14 which, in fact, is an inspection/enquiry ig report giving details of the reserved category students scholarship, receipts and instances of illegal reimbursement of scholarship. It is stated that though there H is no order of recovery on record, however the respondents have initiated recovery proceedings.
Under the circumstances, learned counsel for the petitioners submit that the petitioners may be granted liberty to file an objection/representation before the competent authority of the respondents against the findings recorded in the inspection/enquiry report in respect of the petitioners'-institutions which may thereafter be directed to be considered by the competent authority in accordance with law.
Learned Govt. Advocate appearing for the State has no objection to the aforesaid prayer made on behalf of the petitioners and submits that in case such representations are filed by the petitioners, the same shall be considered and decided by the competent authority in accordance with law.
In W.P. No.3658/16 and other matters the respondents have filed a return in which in para 11 they have stated that on receipt of the inspection/enquiry report, the Collector has forwarded the matter to the concerned authority for taking up recovery proceedings. Apparently, in view of the aforesaid statement made in the return, it is clear that the competent authority has proceeded with the same without taking any formal decision on the inspection/equiry report after giving an opportunity to the petitioners.
It is an admitted and undisputed fact that the inspection/enquiry report submitted by the authority concerned, has now been supplied to all the petitioners either along with the return filed in the writ petitions or the same has already been received by the petitioners who have appended it as an Annexure sh filed along with their respective petitions.
Under the circumstances and in view of the aforesaid admitted facts, e there is no requirement for issuance of any further directions to respondents to ad supply a copy of the inspection/enquiry report to the petitioners.
Pr In view of the aforesaid, the instant writ petitions are disposed of with the liberty to the petitioners to approach the concerned authority of the a respondents by filing objections/representations against the inspection/enquiry hy report, if so advised, along with a certified copy of the order passed today, within a period of three weeks. On doing so, the concerned authority shall ad consider and proceed to decide the same, as expeditiously as possible, preferably within a period of two months thereafter, in accordance with law, if not already M decided.
It is further observed that if representations/objections are not filed by of the petitioners against the inspection/enquiry report before the comptent authority within a period of three weeks from today, the rt concerned authority would be at liberty to proceed towards making recovery as ou well as taking criminal/penal action against the petitioners and all concerned.
It is made clear that in case such representations/objections are filed C before the competent authority within the stipulated time prescribed by this h Court, the authority concerned shall keep the recovery proceedings in abeyance, ig till final decision in the matter by the competent authority, if so required, and may proceed with the same as and when required, only in accordance with the H decision taken by the authority.
However, it is made clear that while considering the matter if the competent authority is of the view that apart from the recovery proceedings, other criminal proceedings are required to be initiated against the petitioners, the competent authority would be at liberty to do so.
With the aforesaid observations and directions, the writ petitions are disposed of.
(R.S. Jha) (V.K. Shukla)
Judge Judge"
Learned counsel for the petitioner submits that in certain cases, enquiry report has not been supplied to the petitioner. The petitioner may make an application before the Collector to supply enquiry report as well as other documents and after supply of enquiry report, the petitioner may submit a detailed reply and objection duly supported by documents.
Petition is disposed of. Order dated 21.11.2016 passed in W.P.No.14231/2014 shall apply mutatis mutandis in the present case also.
sh (VIVEK RUSIA) e JUDGE ad Pr a Jasleen hy Digitally signed by Jasleen Singh Saluja ad Date: 2018.05.10 11:08:13 +05'30' M of rt ou C h ig H