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Judgment
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1.,"Silori Fire
Equipments
Co.
Dehradun","Fire
Extinguisher","Bill No.-135
dated
28-03-2013
Amount
197100/-",197100/-,"25 izfrâ€kr
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2.,"Halycon
Power
Controller","Audio visual
Equipments","Bill No.-007
dated 30-03-13
Amount
426712/-",390000/-,"50 izfrâ€kr
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Installation
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1.,"Strategic
Marketing","SM/2012-
13/PI/1249,
dated
30-03-13",HP-color MFPA4,01,85599/-,
,,,HP All in one Desktop,01,28790/-,
,,,HP Laptop Envy X211G004TU,01,72990/-,
,,,HP Mini Laptop,01,21890/-,
,,,UPS 1 KVA,01,5400/-,
,,,HP Laptop Computer Model: G6,01,46999/-,
,,,Norton Antivirus,01,17250/-,
2.,"Halcyon
Power
Controller","006 dated
30-03-13",Amplifier for wall speaker,01,19750/-,
,,,Wireless collar microphone,01,13000/-,
,,,Wooden podium,01,27000/-,
,,,Network Switch:8 port,01,1300/-,
,,,Cable and Connector,"01
lot",22000/-,
,,,Wireless mouse,01,4000/-,
,,,"Installation, testing & Commissioning","01
Job",15000/-,
3.,"Halycon
Power
Contoller","007 dated
30-03-13",PA wireless amplifier (Ahuja),01,11000/-,
,,,"Cable and Connectors, Make: Falcon",01,5500/-,
,,,Installation testing & Commissioning,"01
Job",10000/-,
4.,"Audio
Systems","Bill No.-
10217 Dated
30.03.2013","Sennheiser microphone modelXSW52
Head Worn",01,25800/-,
,,,Bose Processor Model- Control SP-24,01,84500/-,
,,,Wooden Podium Make Custom,01,26750/-,
,,,Infiniter wireless mouse,01,4000/-,
,,,"Cable, connectors, ceiling mouse kit","01
Job",24000/-,
,,,"Installation, testing and commissioning","01
Job",20000/-,
5.,"Ashmi
Enviro
Services","18, Dated -
28-03-13",Dosing Pump,01,17621/-,
,,,Raw Water Tank (1000 Lit),02,8810/-,
,,,Electronic Sensor,01,6167/-,
,,,RO Water stand,01,6167/-,
,,,Installation,,10000/-,
6.,"Uttarakhan
d Traders","2207,
Dated-30-3-
13","Kent Grand Plus (RO+UV+UF+TDS
Controller) with 8 lit. Storage.",01,17000/-,
7.,"Wave
Solution","Bill not
available",Payroll and Fee Management software,01,50000/-,
8.,"Silori Fire
Equipment
Co.
Dehradun","135/ 28-
03/2013",Supply of 5kg ABC Fire Extinguisher,17,54000/-,
,,,Supply of Co2 4.5kg Fire Extinguisher,01,6850/-,
,,,,"dqy
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affected if it fails to intervene. As the afore-extracted allegations are serious, and cannot be brushed aside, we are satisfied that an inquiry should be",,,,,,
caused into these allegations, and action taken pursuant thereto in accordance with law.",,,,,,
In the present case, the allegations relate to mis-appropriation and mis-utilization of public funds. As this Court can even treat letters addressed to",,,,,,
it, or newspaper reports, as Writ Petitions filed in public interest, we see no reason not to cause an inquiry into these serious allegations merely",,,,,,
because a criminal investigation has been caused in the matter, and a Final Report is said to have been filed by the Investigating Officer.",,,,,,
Even if the Uttarakhand Audit Act, 2012 does not apply to the Society of which the fifth respondent is the Secretary, mis-utilization of public funds",,,,,,
would, undoubtedly, require an inquiry to be caused, and action taken pursuant thereto in accordance with law. Accepting the submission of Mr.",,,,,,
Neeraj Garg, learned counsel for the fifth respondent, that, in the absence of a specific provision either in the Uttarakhand Audit Act, 2012 or",,,,,,
elsewhere, no inquiry can be caused, would enable persons, in charge of establishments which receive public funds, to misappropriate such funds and",,,,,,
yet claim immunity from inquiry, and action being taken pursuant thereto.",,,,,,
We may not be understood as having expressed any opinion, on whether or not the findings in the Inquiry Report are true, as it does appear that",,,,,,
both the earlier Audit Report and the findings of the Inquiry Committee were recorded behind the back of the fifth and the sixth respondents, and",,,,,,
without giving them an opportunity of being heard.,,,,,,
Since respondents 5 and 6 are entitled to put forth their case, and to contend that the findings in the Inquiry Report are not true, it is but appropriate",,,,,,
that, before any action is directed to be taken against them, they be given an opportunity of being heard, and to rebut the findings recorded both in the",,,,,,
Audit Report and in the Inquiry Report. In summary proceedings, under Article 226 of the Constitution, this Court would not take upon itself the task",,,,,,
of examining the truth or otherwise of the allegations regarding mis-utilization or mis-appropriation of public funds, as these are all matters for the",,,,,,
Governmennt to enquire into, and take action thereafter in accordance with law. We see no reason, therefore, to examine the rival contentions on",,,,,,
merits.,,,,,,
We were initially inclined to direct the Director, Higher Education to take action in accordance with law, within a specified time frame, after",,,,,,
affording an opportunity of being heard to both respondents 5 and 6. Since Mr. Neeraj Garg, learned counsel for the fifth respondent, states that the",,,,,,
Director, Higher Education is not the competent authority, we direct the first respondent-Principal Secretary, Higher Education to give both",,,,,,
respondents 5 and 6 an opportunity to rebut the findings of the Inquiry Report, and place such material as they deem fit in support of their claim that",,,,,,
these allegations are false; and then pass a reasoned order dealing with the contentions urged on behalf of respondents 5 and 6.,,,,,,
In case the first respondent is satisfied, thereafter, that action is required to be taken, he shall then take necessary action in accordance with law.",,,,,,
The entire exercise culminating in a reasoned order being passed, and action being initiated thereafter, shall be completed with utmost expedition and,",,,,,,
in any event, within four months from the date of production of a certified copy of this order.",,,,,,
The Writ Petition is, accordingly, disposed of. No costs.",,,,,,