MISHRI LAL PASWAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Purnendu Chakravarty, learned counsel for the applicant assisted by Ms. Aishwarya Saxena, Advocate and Shri Pranjal Jain, Advocate as well as Shri V.K.Shahi, learned Additional Advocate General assisted by Shri Rao Narendra Singh, learned A.G.A.

(2.) The allegation in the prosecution case is that the Fee Fixation Committee of the State Government passed an order dtd. 19/10/2010, determining the fee at Rs.91,600.00 for the academic year 2010 -2011 and for subsequent years. It is alleged that, despite this, excess payment of fees was made by the Government to the institution for students, based on an earlier Central Government order, in spite of the order dtd. 19/10/2010. It is further alleged that the relevant file was processed by the office of the Directorate of Social Welfare, Lucknow, where the applicant was posted as Director, Social Welfare. The applicant is said to have acted in collusion with other officers of the Directorate in preparing false and fabricated documents, thereby misappropriating the fee amount. An embezzlement of Rs.7,95,10,370.00 (Rupees Seven Crore Ninety-Five Lakh Ten Thousand Three Hundred Seventy) is said to have been committed by the named accused persons.

(3.) Learned counsel for the applicant submits that prior to the lodging of the FIR, an enquiry was conducted by Inspector Sushil Kumar Upadhyay, who wrongly recommended the recovery of the alleged amount from the educational institutions for the academic years 2010 -2011 and 2011 -2012.