Pankaj Kumar vs State Of Uttarakhand And Others

Ramesh Ranganathan, CJ

Serious allegations of misappropriation of funds earmarked for payment of scholarship to students belonging to the Scheduled Castes and the Scheduled Tribes, running into several hundred crores, are under investigation by a Special Investigation Team headed by Dr. T.C. Manju Nath, Senior Superintendent of Police, with respect to two districts of the State of Uttarakhand i.e. Dehradun and Haridwar. The petitioner in WPPIL No. 228 of 2018 has alleged collusion between several colleges, middlemen and officers of the Social Welfare Department in depriving students, belonging to the Scheduled Castes and the Scheduled Tribes, of the scholarship amounts to which they were entitled, and the funds earmarked for payment of scholarships to them being misappropriated, which, according to the petitioner, exceeds Rs. 500 Crores, and extends not only to the entire State of Uttarakhand, but to five other States of U.P., J & K, Rajasthan, Haryana and Delhi. Copies of agreements, allegedly entered into between private colleges and middlemen agreeing to share the loot in the ratio of 60:40, are enclosed along with WPPIL No. 228 of 2018. In such circumstances, this Court had directed the Special Investigation Team, headed by Dr. T.C. Manju Nath, to submit periodical reports to this Court, regarding progress of investigation, with a view to ensure that no impediment is caused to the free and fair investigation into this scam of monumental proportions, and for its early completion.

In his affidavit dated 20.08.2019, submitted to this Court in WPPIL No. 228 of 2018, Dr. T.C. Manju Nath has stated as under:-

"It is submitted that Shri Geetaram Nautiyal had filed S.L.P. bearing no. 5169/2019 before the Hon'ble Supreme Court of India for interim protection. But the same has been dismissed by the Hon'ble Supreme Court without any relief. In this regard a true/photocopy of the order dated 10.06.2019 is being filed herewith and marked as Annexure No. 6 to this affidavit.

It is submitted that despite this Shri Geetaram Natuiyal, then District Social Welfare Officer, Haridwar has never appeared in front of investigation officer for questioning and statement recording.

It is submitted that thereafter Shri Geetaram Nautiyal then District Social Welfare Officer, Haridwar had filed a representation before the National Commission for Schedule Tribes, New Delhi bearing File No. GN /1 /2019 /STGUL /SEHRMT /RU-1 dated 02.07.2019.

It is further submitted that in this regard the investigation officer received an order dated 02.07.2019 from National Commission for Schedule Tribes, New Delhi whereby the Hon'ble Commission has directed that no action to be taken against Shri Geetaram Nauthiyal. In this regard a true/photocopy of the order dated 02.07.2019 passed by Hon'ble National Commission for Schedule Tribes, New Delhi is being filed herewith and marked as Annexure No. 7 to this affidavit.

It is further submitted that the police investigation officer is unable to proceed further against Shri Geetaram Nautiyal and conduct further investigation because of the aforesaid order.

Further progress will be apprised to the Hon'ble Court in the future."

The Investigating Officer expresses his inability to proceed further against the 10th respondent who is the District Welfare Officer, Haridwar, in the light of the observations of the National Commission for Schedule Tribes in its letter dated 02.07.2019 informing the Secretary (Home), the Secretary, Social Welfare Department, the Director General of Police, and the Senior Superintendent of Police, Haridwar that the Chairman of the National Commission for Schedule Tribes desires that no action shall be taken against the 10th respondent as the matter is under examination by the National Commission for Schedule Tribes.

In this writ petition, the petitioner alleges that such a request by the Chairman of the National Commission for Schedule Tribes is wholly without jurisdiction as no such power is conferred on him, to issue any such directions to the officials concerned, under Article 338(5) of the Constitution of India.

While we find considerable force in this submission urged on behalf of the petitioner, by Mr. M.C. Pant, learned Counsel for the petitioner, and are surprised that the National Commission should interdict investigation being caused regarding the role of the 10th respondent in this scam, we consider it appropriate to give the respondents, including the 10th respondent and the National Commission, an opportunity of being heard before we pass any orders in this regard. Since progress of the investigation, into this scam allegedly exceeding 500 Crores, is hampered by the aforesaid directions of the National Commission for Schedule Tribes, it is but appropriate that the matter is heard early.

Mr. Anil Bisht, Learned Standing Counsel, takes notice on behalf of respondent nos. 1 & 5. Mr. Lalit Sharma, learned Standing Counsel takes notice on behalf of respondent nos. 2 & 3. Mr. C.K. Sharma, learned counsel for the petitioner, is permitted to take out notice on respondent nos. 4, 6 to 10, both by registered post and dasti, returnable within 10 days.

Post this case on 11.09.2019 as a "fresh admission" matter in the daily list.