Uttarakhand High Court
Ravinder Jugran vs State Of Uttarakhand And Others on 9 January, 2019
Author: R.C. Khulbe
Bench: Ramesh Ranganathan, R.C. Khulbe
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
WRIT PETITION (PIL) No. 228 of 2018
Ravinder Jugran ...........Petitioner.
Vs.
State of Uttarakhand and others. ...Respondents
Sri M.C. Pant, learned counsel for the petitioner.
Mr. J.P. Joshi, learned Additional Advocate General for the State of Uttarakhand.
Mr. Lalit Sharma, learned Standing Counsel for the Union of India / respondent nos. 2 & 3.
Mr. Sandeep Tandon, learned counsel for the CBI.
Dated: 9th January, 2019
Hon'ble Ramesh Ranganathan, C.J.
Hon'ble R.C. Khulbe, J.
We had, in our order dated 14.12.2018, taken note of the petitioner's allegation that a scam involving various institutions in the State of Uttarakhand who, along with brokers and touts, had siphoned- off several hundred crores of rupees earmarked as scholarship for the Scheduled Castes and the Scheduled Tribes, was sought to be hushed up by senior bureaucrats and ministers in the State Government. We had, thereafter, observed that the report submitted by the Additional Secretary, Social Welfare Department dated 27.03.2017, made disconcerting reading; it disclosed that even on a random sampling for the years 2011-2012 to 2014-2015, of the scholarships paid to Scheduled Caste students in two districts of Dehradun and Haridwar, serious financial irregularities had come to light; and it was necessary, therefore, for a detailed inquiry to be caused, on this extremely serious issue, by a High Powered Committee.
2. After examining one of the many compromise-deeds, whereby one of the Institutes had agreed to pay a broker 40% of the amount they received from the Government towards scholarship for students belonging to the Scheduled Castes and the Scheduled Tribes, we had observed that, if the contents of the writ affidavit were true, then failure on the part of the State Government, to act with promptitude, was undoubtedly a matter of grave and serious concern. We noted the submission of Mr. J.P. Joshi, learned Additional Advocate General appearing on behalf of the State of Uttarakhand, that, soon after these allegations first came to light in March, 2017, the Hon'ble Chief Minister had, in April 2017, directed an inquiry to be caused by the 2 SIT, and for it to be completed within three months; the matter was enquired into; and FIR No. 0496 was registered on 01.12.2018, with SIDCUL Police Station in District Haridwar, for offences under Sections 420, 408 and 120B of the Indian Penal Code.
3. We had, thereafter, opined that if, as is contended on behalf of the Government, an SIT was constituted in April, 2017, and they were called upon to submit a report within three months, the SIT should have completed the inquiry by the end of July, 2017; and the fact that no steps were taken by the SIT thereafter, to even commence investigation, was evident from the fact that FIR No. 0496 was registered only on 01.12.2018, i.e. more than 20 months after an announcement is said to have been made in April, 2017 to have a thorough probe conducted into the allegations in the report; and no action had, evidently, been taken for the past nearly two years from the date on which the Additional Secretary, Social Welfare Department, had submitted his report on 27.03.2017. We had observed that the inordinate delay on the part of the SIT to act, and investigate the matter, necessitated an explanation being sought from the State Government.
4. We requested the Chief Secretary to cause a preliminary inquiry into the allegations made in the report of the Additional Secretary, Social Welfare Department, dated 27.03.2017; and his subsequent noting dated 10.08.2017, where he recommended that the matter be investigated by the Central Bureau of Investigation; and, after causing a preliminary inquiry, to submit a report to this Court within three weeks from the date of the order as to the time-frame within which the investigation would be caused and completed by the SIT headed by the seventh respondent; whether the SIT was capable of investigating a scam spread over several States; and whether the matter should, instead, be handed over to the Central Bureau of Investigation to cause investigation into these allegations with utmost expedition. The matter was directed to be listed on 4th January, 2019.
35. Dr. T.C. Manju Nath, Superintendent of Police and in-charge of the Special Investigation Team, was present in Court on 04.01.2019. When we asked him why there was an inordinate delay in registration of the FIR, and in causing investigation thereafter, Dr. T.C. Manju Nath stated that, despite several letters having been addressed by him to the District Social Welfare Department and the Joint Directors, no response was forthcoming necessitating his having to register an FIR based on the documents received from the private individuals examined by him.
6. We had, in our order dated 04.01.2019, recorded that this submission of Dr. Manju Nath gave rise to the suspicion that attempts were being made, by certain officials of the Social Welfare Department, to stonewall a probe into these grave and serious allegations of misappropriation of public funds, and in disbursal of scholarships, which is said to exceed Rs. 500 crores, and is stated to be spread over six States; while the report of the Additional Secretary dated 27th April, 2017, and thereafter the report of the Director of the Social Welfare Department dated 28.12.2017, recorded that the Scam was spread over six States, the report submitted by the Additional Chief Secretary, to the Chief Secretary to the Government of Uttarakhand, stated that the complaint related only to two States; and the statement made across the bar by Dr. T.C. Manju Nath, of non-cooperation of officials of the Social Welfare Department, was a matter of grave and serious concern, since the very purpose of constituting the SIT, to investigate into this Scam of monumental proportions, would be defeated thereby.
7. We had requested the learned Additional Advocate General to have an affidavit of the said officer filed before this Court by the 7th January, 2019 giving details of the letters addressed by him to various officials of the Social Welfare Department in order to enable us to identify the officials of the Social Welfare Department who were seeking to hinder the probe.
8. On 07.01.2019, an affidavit was filed by Dr. T.C. Manju Nath, Superintendent of Police and in-charge of the SIT, and we had taken 4 note of this fact in our order. However, on the request of Sri J.P. Joshi, learned Additional Advocate General, that the Chief Secretary to the Government of Uttarakhand desired to file a counter affidavit, and that the matter be taken up on 09.01.2019, we had directed that the matter be posted today.
9. Today Sri M.C. Pant, learned counsel for the petitioner, would submit that the petitioner's apprehension of the respondents seeking to stonewall and dilute the probe is fortified by events which took place yesterday, and Dr. T.C. Manju Nath, who informed this Court on 04.01.2019 of non-cooperation from the officials of the Social Welfare Department, has been transferred, the entire Special Investigation Team has been replaced, and a new Team has been constituted only with a view to avoid an inquiry into this Scam whereby several crores, earmarked as scholarship for students belonging to the Scheduled Castes, was siphoned off by government officials, private institutions and brokers, depriving these students belonging to the deprived classes, of the funds earmarked for their benefit.
10. When we asked Sri J.P. Joshi, learned Additional Advocate General, as to why the affidavit of the Chief Secretary was not filed, despite a statement made by him on 07.01.2019 that such an affidavit would be filed today, Sri J.P. Joshi, learned Additional Advocate General, would request one more week's time for such an affidavit to be filed. He would state, on instructions, that the scope of inquiry has been expanded from two districts to the entire State of Uttarakhand, and an I.G. level officer has now been appointed as in-charge of the SIT.
11. The facts as noted hereinabove, and the events which transpired after 07.01.2019 when Sri J.P. Joshi, learned Additional Advocate General sought two days' time to file the affidavit of the Chief Secretary, till today i.e. 09.01.2019, are disconcerting. As to why Dr. T.C. Manju Nath, Superintendent of Police and in-charge of the SIT was removed from the SIT, without even informing this 5 Court, necessitates an explanation being called for from the respondents.
12. Prima facie, we find considerable force in the submission of Sri M.C. Pant, learned counsel for the petitioner, that the change in the entire SIT is only to stonewall a probe into the Scam which is stated to be spread over six States; the statement that the probe has been expanded to the entire State appears merely to be an eyewash since most of the institutions in the State of Uttarakhand, involved in the Scam, are located in these two districts of Dehradun and Haridwar; and, as the Scam is said to be spread over six States, it does not stand to reason that the State Government should confine the probe, even now, only to one State.
13. The State Government has not even chosen to inform this Court of the change in the constitution of the SIT. It does appear, prima facie, that it is only because of the statement made before this Court by Dr. Manju Nath, Superintendent of Police on 04.01.2019, of lack of co-operation from the officials of the Social Welfare Department, that there has been a change in the constitution of the SIT. As the High Court is closed for winter vacations from 12.01.2019 till 10.02.2019, the request made by Sri J.P. Joshi, learned Additional Advocate General, for grant of one week's time to file a counter affidavit on behalf of the Chief Secretary, would require hearing of this case to be deferred beyond winter vacations i.e. till 10th February, 2019.
14. We would, ordinarily, have exercised restraint and would have refrained from interfering with the decision of the Government to reconstitute an investigation team. However the facts, detailed hereinabove, give rise to a very strong suspicion that the change of the SIT, in its entirety, is only to stonewall a probe into the grave and serious allegations of misuse and misappropriation of public funds running into several crores, and with a view to drag on proceedings on one pretext or the other. In such circumstances, we have no alternative but to direct that the SIT headed by Dr. Manju Nath, Superintendent of Police, shall continue with its investigation, 6 and the officials concerned in the Social Welfare Department and elsewhere in the Government of Uttarakhand, as also the private institutions, shall extend full co-operation to the investigation being caused by the said SIT, and shall not cause any hindrance thereto. The constitution of the SIT headed by Dr. Manju Nath shall not be changed till the next date of hearing i.e. 11.02.2019, and Dr. Manju Nath, Superintendent of Police, shall continue to discharge his functions, as the head of the SIT, from District Haridwar from where he was functioning earlier.
15. For the affidavit of the Chief Secretary, post on 11.02.2019.
16. Let a certified copy of this order be issued, by 10.01.2019, on payment of the prescribed charges.
(R.C. Khulbe, J.) (Ramesh Ranganathan, C.J.)
09.01.2019 09.01.2019
Rathour