SHIVRAJ SINGH I P TOMAR Vs. STATE

JUDGEMENT

(1.) PALOK Basu, J. Stones-knives-bullets by themselves do not kill any one, criminals plan their abuse to smash and tear- apart innocents' heads with. Likewise, expending-power with State's administrative-high-ups by itself does not compel ignoring laws-rules for devouring Government funds; treacherous, anti- National and corrupt officials degenerate to do so to quench their insatiable thirst of amassing wealth at the cost of innocent tax-payers. Their cunningly calculated conduct though succeeds in whisking away crores and crores of rupees, yet projects a mirage of bona fide-faithful discharge of duties, thus an enquiry if set up, gets enmeshed in procedural delays, managing misdirections in police investigations, if had begun perchance. At such critical juncture, it does require the genius of the trustworthy and credible Central Bureau of Investigation (C. B. I.) to unearth truth and expose publicly each and every culprit. This is how can be summarised the tragic theme of Ayurvedic Exes-Payment-Bunch-Cases (Ayurved-Scam-AYUR-VED CHOTALA), the complete narration of which is likely to run into several episodes.

(2.) CIVIL Miscellaneous Writ Petition No. 21425 of 1996-Dr. Indra Pal Singh Tomarv. State of Uttar Pradesh and others, came to be filled before this Court. The petitioner Dr. Tomar was posted as Regional Ayurvedic and Unani Officer (R. A. U. O.) Muzaffar Nagar. An order of the State Government, dated 28-5- 1996 suspending the petitioner in disciplinary proceedings was challenged. It was mentioned that in the Lucknow Bench (L. B.) several interim orders have been passed in 'similar matters' and that some orders have been passed by this Court also following L. B. orders. During arguments it transpired that the matters allegedly concerned big embezzlement in several Districts in the State of Uttar Pradesh. The learned Standing Counsel informed the Court that several matters are pending in L. B. and this Court also in which interim orders have been passed staying the suspension of the petitioners therein. It was also stated that arrest of several accused in several cases where First Information Reports (F. I. Rs.) were lodged by different officials regarding Ayurved Scam have been stayed by L. B. and this Court also. It was noticed that the F. I. Rs. with CIVIL Police or reports to Vigilance Departments were pending investigation by local Police or Economic Offences Wing (E. O. W.) of the State Police or by Vigilance Wing for the last several years. Though the matter related to the financial year 1993-94. No police report of charge-sheet had gone to any court and further that under the action of the State the then Director, Dr. Sheo Raj Singh (S. R. Singh) informant in some earlier cases, was himself made the principal accused. S. R. Singh and other officials connected with the Ayurved Scam have filed Writ Petitions of civil nature and Writ Petitions of criminal nature including applications under Section 482, Cr. P. C. for quashing suspension orders or F. I. R. Investigation respectively. The aforesaid Writ Petition No. 21425 of 1996 is, therefore, the leading case in this Court in which a running order sheet has been maintained.

(3.) LOOKING at the fact that several writ petitions of S. R. Singh were pending in the L. B. and some were pending in this Court and further that writ petitions of several R. A. U. Os. and M. Os. were pending either in L. B. or this Court, the State moved an application before the Hon'ble the Chief Justice for nominating a Bench for disposing of the matter simultaneously, whether it was pending in this Court or in the L. B. It may be mentioned that some of the matters have been noted as cognizable by Single Judges while some by Division Bench under the Rules of the Court. The Hon'ble the Chief Justice has passed an order under which this Court has been asked to hear the matters at their places of filing and decide them. This is how the matters have been heard by this Court here as well as in the Lucknow Bench (L. B.) in alternate weeks.