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2016 (10) TMI 10 - SUPREME COURT

2016 (10) TMI 10 - SUPREME COURT - TMI - Competent Authority to act upon the recommendations made by the Lokayukta - Held that:- As submitted by the counsel appearing for the concerned State agencies that having regarding to the voluminous documents and more particularly the need to verify the correctness of the information made available during the investigation/enquiry, it would take some more time to complete the investigation/enquiry in the respective cases. The counsel appearing for the app .....

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o even in future. It is unnecessary for us to dilate on this aspect. - As aforesaid, the relief in the writ petition was 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 includ .....

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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 respondent nos. 5 and 6 in any proceedings to be instituted against them in relation to the said matters. - Civil Appeal No. 9442/ 2016 (Arising out of SLP (Civil) No. 31025/20 .....

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d February, 2012. Following reliefs were prayed in the said writ petition: Wherefore, it is most respectfully prayed that the Hon ble Court may kindly be pleased, in the interest of justice, to i) Issue a writ, order or direction in the nature of mandamus, directing the Opposite Parties Nos.1, 2 and 3 to implement the recommendations/report of the Opposite Parties No.4 by getting the issue enquired by the opposite party Nos.7 and 8. ii) To issue a writ, order or direction in the nature of mandam .....

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.P. Lokayukta and Up-Lokayuktas Act, 1975 to the Competent Authority for taking necessary action. The report was the outcome of the complaint made by one Shri Jagdish Narain Shukla against Smt. Husna Siddiqui, Member of Legislative Council and Sri Naseemuddin Siddiqui, the then Cabinet Minister in U.P., respondent no.6 and 5 respectively. After due enquiry the Lokayukta arrived at the following conclusion as noted in the aforesaid report: On the basis of the prima facie evidences collected in th .....

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ased 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 .....

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ould investigate the correctness/genuineness of the donations/funds given by persons (whose names are indicated in the enclosed list provided by the delinquents) by cheque, by demand drafts and by cash to the Registered Society, namely, Q.F. Shikshan Sansthan, 49, Shyam Nagar (Khurram Nagar) Lucknow and also to investigate the sources of income of these individuals. 2. Q. F. Shikshan Sansthan, 49, Shyam Nagar (khurram Nagar) Lucknow had acquired immovable property in Tehsil Fatehpur, Dist. Barar .....

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come to these individuals. 4. 2.00 Hectare land in Gata no.3235 in village Ladkapurwa, Pargana-Tehsil-Dist. Banda was purchased by Smt. Akrami Begum wife of Sri Jamiruddin Siddiqui, Smt. Arshi Siddiqui, daughter-in-law of Sri Jamiruddin Siddiqui, Smt. Arshi Siddiqui, daughter-in-law of Sri Jamiruddin Siddiqui and Smt. Upma Gupta wife of Sri Krishna Chandra Gupta, an Engineer in Nirman Nigam in the year 2008. The investigating agency should make inquiries to find out the actual sale consideration .....

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f income. 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. On the basis of the above conclusions, the Lo .....

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t 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 construed to be final or conclusive as it was a fact finding enquiry and a detailed enquiry is yet to be made after affording opportunity of hearing to th .....

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enged in the present petition filed under Article 136 of the Constitution of India. This Court issued notice to the respondents including the State Authorities. The respondent nos. 1 to 3 caused to file affidavit of Yatindra Kumar, Under Secretary in the Vigilance Department of the State Government on 9th October, 2014. Besides raising preliminary objection, it has been mentioned in this affidavit that the Competent Authority has already taken a decision to enquire into the aspects noted in the .....

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Exchange Management Act, 1999 and offences of money laundering under Prevention of Money Laundering Act, 2002. Further, it had no authority whatsoever, to cause investigation in respect of offences under the Prevention of Corruption Act, 1988 which ought to be investigated by the appropriate enforcement agency, namely, Central Bureau of Investigation or by State police. This affidavit also mentions that FIR No.385 of 2013 dated 6th July, 2013 registered at Police Station Kotwali Nagar, Banda, U. .....

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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 .....

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shish Sagar a vigilance investigation has been commenced in respect of which FIR No.385/2013 has been registered and that she has participated and fully cooperated in the said investigation. It is prayed by the said respondent that the appeal does not merit interference. The respondent no.5 has also filed an affidavit on same lines as respondent no.6 dated 23rd July, 2015. 11. When this matter was heard on 22nd July, 2016 this Court passed the following order: Heard. Mr. Ravi Prakash Mehrotra, l .....

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to the affidavit filed by respondent no.5, para (7) whereof it is inter alia mentioned that FIR No.385/2013 dated 6th July, 2013 has been registered at the Police Station Kotwali Nagar, Banda, U.P., by the Vigilance establishment on the complaint of one-Mr. Ashish Sagar. It is submitted that the allegations contained in the said complaint are similar to the ones made in the report submitted by the Lokayukta. Mr. Mehrotra does not have any instruction as to the progress made in connection with th .....

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n and state whether the State Government proposes to make a reference to the 3 enforcement directorate as recommended by the Lokayukta in his report, in case such a reference is not already made. Mr. P.K. Mullick, learned counsel for the Enforcement Directorate, submits that Enforcement Directorate has registered ECIR on 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 Lokay .....

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dings 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 .....

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by the State Government, whereby open enquiry was directed to be conducted, the Vigilance Establishment completed the enquiry and report was submitted to the State Government vide letter dated 29.07.2015. In the meanwhile, various representations/affidavits were submitted to the State Government by Smt. Husna Siddiqui and her family members in respect of said open enquiry on 04.08.2015, 6.8.2015, 17.8.2015, 18.8.2015, 19.8.2015, 20.8.2015, 21.8.2015, 28.8.2015, 4.9.2015, 10.9.2015 and 14.9.2015, .....

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it was found justifiable to get a factual report in regard thereto, after carefully examining/scrutinizing the documents enclosed with the said representations/affidavits. In this view of the matter as aforestated, the State Government vide D.O. letter no. VIP/36/39-4-15-50H (2)/2013 dated 26.2.2016, has directed the Vigilance Establishment to submit a factual report in regard thereto after enquiring into the matter in detail. Current status of the enquiry 5. That, it has been informed by the U. .....

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aid 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 .....

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hment to conduct open enquiry against Sri Naseemuddin Siddiqui, in regard to recommendation no.1 of the report of the Hon ble Lokayukta. In compliance with the State Government s order dated 4.10.2012 directing an open enquiry, the Vigilance Establishment has completed the said open enquiry and its report was submitted to the State Government vide letter dated 29.4.2013. On account of the fact that the expenditure was found more than income in the open enquiry, hence it was recommended that a cr .....

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3 under section 13 (1) (e) read with section 13 (2) of Prevention of Corruption Act, 1988 was registered on 6.7.2013 by U.P. Vigilance Establishment, Allahabad Sector, at P.S. Kotwali, District banda, against Sri Naseemuddin Siddiqui, the chick no. of which as 385/2013. It is stated that after completion of investigation in the aforestated Crime no.407/13, the Vigilance Establishment vide letter dated 29.7.2015 submitted its investigation report to the State Government. In the meanwhile, Sri Nas .....

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eferred by Sri Naseemudin Siddiqui and his family members, were comprehensively examined by the State Government, and after due consideration, it was considered appropriate to get a factual report in relation to the said investigation, in regard almost 14 representations and 8 affidavits (total 80 pages) and its enclosures (total 1371 pages) submitted on different dates by Sri Naseemuddin Siddiqui and his family members. It was directed that factual report be made available after getting examine .....

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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 recor .....

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supply of sand stone in the cities of Lucknow and Noida between 2007 to 2011, Crime No.1/2014 under Sections 409/120-B PIC and Section 13(1)(e) read with Section 13(2) of Prevention of Corruption Act, 1988, has been registered by the Vigilance Establishment at P.S. Gomti Nagar Lucknow, wherein Sri Naseemuddin Siddiqui is also an accused person. Considerable progress has been made in the investigation and spot inspection of 5 construction sites (1. Ambedkar Samajik Parivartan Sthal, 2. Eco Park, .....

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ceedings before Enforcement directorate 9. That, in this regard the Vigilance Establishment has informed that with reference to letter dated 29.1.2014 by the Enforcement directorate, Government of India, requiring information and documents, by letter dated 31.1.2014, a copy of the First Information Report (Case Crime no.407/13), has been sent to the Joint Director, Enforcement Directorate, Government of India, 16 Ashok Marg, Lucknow. 13. Today, when the matter was taken up for further hearing, c .....

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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) .....

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rogress made (page 132) - Five construction sites inspected Supplementary Enquiry Order for factual report on 26.2.2016 Order for factual report on 26.2.2016 - 170 witnesses examined 14. It is submitted by the counsel appearing for the concerned State agencies that having regarding to the voluminous documents and more particularly the need to verify the correctness of the information made available during the investigation/enquiry, it would take some more time to complete the investigation/enqui .....

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