RAVINDER JUGRAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) We had, in our order dtd. 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 dtd. 27/3/2017, 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 SIT, and for it to be completed within three months; the matter was enquired into; and FIR No. 0496 was registered on 1/12/2018, with SIDCUL Police Station in District Haridwar, for offences under Ss. 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 1/12/2018, 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 27/3/2017. 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.