UMESH CHANDRA SAXENA Vs. STATE OF U.P.

JUDGEMENT

(1.) This is an application under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") filed by sole applicant Umesh Chandra Saxena with a prayer to quash Case No.101 of 2006 (Crime No.726 of 2004), under Sections 420, 218, 471 IPC, Police Station Bhagatpur, District Moradabad, pending in the Court of Judicial Magistrate Ist Class, Thakurdwara, Moradabad.

(2.) Facts in brief, as disclosed in the application, are that accused-applicant was appointed as Assistant Teacher in Prathmik Vidyalaya Bhadgawan, District Moradabad on 29.10.1988. Applicant was transferred from time to time. Vide order dated 27.01.2004 passed by Assistant Basic Education Officer (hereinafter referred to as "ABEO") Bhagatpur Tanda, District Moradabad, applicant while working at Primary School Chatarpur Nayak was directed to join Primary School Bhagatpur Tanda on 28.01.2004. On 13.02.2004, ABEO wrote a letter to applicant seeking details of distribution of mid-day meals and scholarship to the students of Primary School Bhagatpur Tanda. Said enquiry was made probably on some complaint made by parents of students to the District Magistrate, Moradabad against Gram Pradhan of Village Bhagatpur Tanda alleging about the irregularities in distribution of scholarship and mid day meal to the students in the year 2003-04. A fact finding enquiry was conducted by Sri A.K. Singh, District Social Welfare Officer, Moradabad (hereinafter referred to as "DSWO") and Sri M.K. Kandpal, District Backward Class Welfare Officer, Moradabad (hereinafter referred to as "DBCWO"). They submitted report dated 29.07.2004 holding Sri Babban Ali, Gram Pradhan, Shiv Autar, Gram Panchayat Vikas Adhikari and Sri Mahesh Kumar Saxena, Headmaster of School, guilty of embezzlement of government revenue and recommended recovery of Rs.1800/- and also departmental enquiry against Gram Pradhan, Gram Panchayat Vikas Adhikari and Headmaster of School.

(3.) Thereafter, a First Information Report (hereinafter referred to as "FIR") was registered as Case Crime No.726 of 2004 dated 20.10.2004, under Sections 420, 409 IPC on a written report of Sri A.K. Singh, DSWO and Sri M.K. Kandpal, DBCWO dated 29.07.2004. The FIR stated that complaint was related to distribution of scholarship meant for students of minority class. On the demand raised by Primary School, Bhagatpur Tanda, a sum of Rs.1,15,500/- as scholarship was credited to the account of Gram Panchayat meant for 385 students in the financial year 2003-04. Aforesaid information was received from the department of Minority Welfare. Said figure does not match with figure given in the complaint, inasmuch as, 381 students were said to have been given scholarship as mentioned at point no.3 of the complaint. On comparison, it was found that though date of birth of children of one parent was different but he was placed in one class. Point No.4 of the complaint stated that Uzama baby, daughter of Zille Hasan, was shown studying in Class-IV for several years but in the year of enquiry, her name was shown in Class-V. Her father told that she used to go to school, off and on. When girl was interrogated, she also admitted about the factum of going to school sometimes but could not tell even name of Teachers or the fellow students. Names of students in Point No.5 of complaint were shown in Primary School, Bhagatpur Tanda and scholarship was alleged to be given there. Their names were not found enrolled in Ramawati Inter College. Similarly with regard to Point No.6, when enquiry was made about Nafees Ahmed, it was told that he was studying in Class-IV and since he was poor in studies, his guardians sent him back to lower class. This is illegal and scholarship of Rs.300/- given to this student is liable to be recovered. At Point No.7, there is a student Gulam Mohammad aged about 15-16 years who has been shown studying in Class-V and scholarship was given to him. In fact, he was not studying and engaged in some profession and only for the purposes of scholarship, his name was entered as a student. Likewise, other students like Yunus Imammuddin and Sukhlal, mentioned at serial nos.8 to 10 of the complaint were shown to be admitted only for the purposes of scholarship. Similar complaints were mentioned at serial nos.12 and 13. Point No.14 concerned with the irregularities regarding mid-day meal. In a nutshell, it was found by Enquiry Officer that at the time of disbursement of scholarship, fake admissions in two schools were made in connivance with Gram Pradhan Babban Ali, Gram Panchayat Vikas Adhikari Shiv Autar Verma and Principal Mahesh Kumar Saxena who had misused their authority and in connivance with each other have embezzled public government money which is required to be recovered.