TMI Blog2016 (10) TMI 10X X X X Extracts X X X X X X X X Extracts X X X X ..... limited to directing the Competent Authority to act upon the recommendations made by the Lokayukta. That relief has worked out in view of the direction issued by the Competent Authority to investigate/enquire into the factual matrix noticed in Lokayukta’s report. Further, the law enforcement agencies have moved into action and have collected information and material including with reference to the representations and affidavits received in the course of the said investigation/enquiry. We may, therefore, accede to the request of the law enforcement agencies to give them some more time to complete the investigation/enquiries in relation to the acts of commission and omission of respondent nos.5 and 6 or any other person(s) privy thereto. Considering the fact that the law enforcement agencies are on their job for quite sometime, we express a sanguine hope that they would complete the investigation/enquiry at the earliest and not later than six months from today and take the same to its logical end in accordance with law. We make it clear that we are not expressing any opinion on the merits of the matters under investigation/enquiry or the defence that may be available to respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... meager price of ₹ 46,32,600/- for their Private Society. They had also purchased agriculture land worth Rs. One crore situated in Tindwari, Dist. Banda for a meager price of ₹ 4,50,000/-. They purchased Bungalow no.B-3, Timaiya Road, Cantonment, Lucknow worth crores of rupees for just ₹ 50,00,000/-. They also purchased land worth ₹ 3,60,00,000/- in village Ladakapurwa, Dist. Banda for a meager price of ₹ 5,50,000/- by way of involving name of Smt. Upma Gupta, Smt. Akrami Begum and Smt. Arshi Siddiqui. The Delinquent public servant also purchased 1.2370 hectare land in the name of his son Sri Afzal Siddiqui in district Jyotibaphule Nagar for setting up an industry A.Q. Frozen Food Pvt. Ltd. and investigation to find out the exact cost of the land and the sources of income for purchase the land is still in progress. It seems that the delinquent public servants have purchased all the aforementioned assets through their income which they earned from unknown sources because as per the income tax return of both the delinquents, their taxable income for the last financial years comes to ₹ 1,93,85,196/-. 69. In view of the foregoing discussion, I a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stigation or the Enforcement Directorate and further action be taken in accordance with the result of the investigation. 2. Compliance report may be made available within one month. Sd/- illegible (Justice N.K. Mehrotra) Lok Ayukt, U.P. On the basis of the above conclusions, the Lokayukta made following recommendations: 70. In view of the foregoing analysis, I recommend that:- 1. The task of conducting investigation on the aforementioned points should be entrusted to a Central Investigating Agency viz. Central Bureau of Investigation or the Enforcement Directorate and further action be taken in accordance with the result of the investigation. 2. Compliance report may be made available within one month. Sd/- illegible (Justice N.K. Mehrotra) Lok Ayukt, U.P. 5. The appellant verily believed that the Competent Authority was not taking any steps to comply with the said recommendations of the Lokayukta, for which, filed Writ Petition No.5744 of 2012 on 12th July, 2012 for the reliefs as reproduced above. 6. The Division Bench of the High Court, however, held that the opinion of the Lokayukta in the report cannot be c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the Prevention of Money Laundering Act, 2002. The affidavit also mentions that an action of provisional attachment of proceeds of crime or property involved in money laundering shall be undertaken upon filing of a police report under Section 173 (2) of the Code of Criminal Procedure 1973, by the law enforcement agency. The other action taken for collection of Bank statements, income tax returns and property details of respondent no.5 and his relatives by the respective law enforcement agency has been requisitioned and the document so received are being scrutinized. 9. Respondent no.7 C.B.I. has caused to file affidavit of Rajiv Kumar, Deputy S.P., CBI, ACB, Lucknow, in February, 2014. It is stated in this affidavit there is full-fledged State Vigilance Department under the State Government to take follow up action on the basis of recommendations made by the Lokayukta. Moreover, factual matrix of the present case does not involve any complexity or interstate ramification which may require a specialized investigation by the C.B.I., to be treated as rare and exceptional case. 10. The respondent no.6 has filed reply affidavit on 23rd July, 2015, to oppose this appeal. In th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the basis of FIR No.385/2013 but no enquiry has been instituted nor any reference made to the Enforcement Directorate by the State Government pursuant to the report of the Lokayukta. Mr. Mehrotra shall do the needful within two weeks from today. Post after two weeks. 12. Pursuant to the aforesaid order the Under Secretary in the Vigilance Department at Lucknow Sri Yatindra Kumar, has filed affidavit sworn on 9th August, 2016, disclosing the progress of the respective case initiated against respondent nos.5 and 6. The said affidavit reads thus: 3. That, in respectful compliance of the said order dated 22.07.2016 passed by this Hon ble Court, the status of various proceedings against respondent Nos.5 and 6 in the present petition, is as under: I. Progress regarding reference to the State Vigilance Establishment 4. That, in this regard it is stated that a complaint was filed before the Lokayukta Establishment Uttar Pradesh by Sri Jagdish Narain Shukla of Lucknow against Smt. Husna Siddiqui, Member of U.P. Legislative Council and Sri Naseemuddin Siddiqui, ex-Cabinet Minister of Uttar Pradesh, in respect of which after conducting an enquiry, the Hon ble Lokayukta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and 8 affidavits (totaling 55 pages) submitted by Smt. Husna Siddiqui and members of her family, as well as documents enclosed with the said representations (approx. 1068 pages), have to be verified. Additionally, enquiry/statements of persons giving money and other persons, has to be done, owing to which the enquiry is taking time. At the present time, supplementary enquiry is in progress, which shall be completed at the earliest and report submitted to the State Government. II. Progress in F.I.R. no. 385/13 dt. 6.7.2013 at P.S. Kotwali, Banda 6. In regard to above, the factual position is that a complaint was filed against Sri Naseemuddin Siddiqui, former Minister, Government of U.P. by Sri Ashish Sagar Dixit, District Banda, before the Lokayukta Establishment, Uttar Pradesh. Following the same, the Hon ble Lokayukta after conducting his enquiry, submitted Report no.05-2012 vide letter dated 24.8.2012 to the Competent Authority of the U.P. Government. After due consideration of the said report dated 24.8.2012 of the Hon ble Lokayukta, the State Government vide order dated 4.10.2012 directed the U.P. Vigilance Establishment to conduct open enquiry against Sri Nas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs. It was directed that factual report be made available after getting examined by the Vigilance Establishment, the fact of income and expenditure from valid sources, by the State Government vide D.O. letter no.VIP-3/39-4-16-50 N(2)/2012 TC dated 26.2.2016. Current Status of Investigation 7. That, it has been informed by the U.P. Vigilance Establishment that for the purpose of verification of documents in the said enquiry, the revenue records of District Lucknow, Banda, Gautambudh Nagar, Barabanki, and records relating to the offices of various establishments, as well as verification/examination of records relating to different banks and related bank accounts in the concerned districts, have to be examined and verified. Moreover, a total of 14 representations and 8 affidavits (total 80 pages) submitted by Sri naseemuddin Siddiqui and his family members as well as documents enclosed therewith (total 1371 pages) have to be verified. Additionally, the enquiry/statements of persons who had given money as well as statements of other concerned persons have to be recorded, due to which the enquiry is taking time. Presently, supplementary investigation is being conducted, whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sh Sagar Dixit FIR regarding Parks/Monuments Lokayukta Establishment Report no.03-2012 dt.22.2.2012 against Smt. Husna Sri Naseemuddin Siddiqui Report no.05-2012 dt. 24.8.2012 against Sri Naseemuddin Siddiqui Government Order on 30.11.2013 for registration of FIR (Sri Naseemuddin Siddiqui is co-accused) State Vigilance Establishment Open Enquiry on 10.7.2013 Report to State Government on 29.7.2015 Open Enquiry on 4.10.2012 Report to State Government on 29.4.2013 Crime no.1/2014 registered in P.S. Gomtinagar, Lucknow under s. 409/120-B IPC 13(1)(e) and 13(2) PC State Government vide order dated 2.7.2013 directed FIR under s.13(1)(e) 13(2) PC Act, registered on 6.7.2013 in P.S. Kotwali District Banda (CC 407/13) FIR copy given to ED on 31.1.2014 Act (corruption irregularities in supply of sand stone and construction of monuments parks in Lucknow/Noida (page 131) Representation s Affidavits 11 represen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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