भूतों को पेंशन बांटने के मामले में पुलिस ने रिटायर्ड सेवादार व क्लर्क पर बड़े पेंशन घोटाले को अंजाम देने का दोषी बनाया: दोषी पार्षदों व अधिकारियों को सरकारी गवाह बनाया और शिकायतकर्ता को गवाहों की सूची से बाहर रखा । हाई कोर्ट ने नोटिस जारी करते हुए 4 दिसम्बर तक सरकार से जवाब तलब किया ।
चंडीगढ़: शनिवार, 2 दिसम्बर ।
हरियाणा
के अलग अलग जिलों में मृत व्यक्तियों को करोड़ों रुपये पेंशन के रूप में देने कि
मामले में हाई कोर्ट में सी.बी.आई. जाँच की माँग करने वाली याचिका ने नया मोड़ ले लिया
है । आर.टी.आई. कार्यकर्त्ता
राकेश बैंस व सुखविंदर सिंह के वकील प्रदीप रापडिया ने शनिवार को अंतरिम राहत के लिए याचिका दायर
करके कोर्ट को बताया कि सिर्फ शाहबाद (कुरुक्षेत्र) में मनगढंत एफ.आई.आर. दर्ज
करके व 13,43,725 रुपये
की राशि सरकारी खजाने में जमा करवाने के बाद एक बड़े घोटाले को दबाने के इरादे से पुलिस
ने पुरे घोटाले को अंजाम देने के जुर्म में सिर्फ एक रिटायर्ड सेवादार व क्लर्क के
खिलाफ निचली अदालत में बोगस व जाली चालान पेश कर दिया । रापडिया के कोर्ट को बताया कि मामले में
कैग रिपोर्ट के अलावा तीन विभागीय जाँच हुई और तीनों जाँचों में शाहबाद के पार्षदों
और जिला समाज कल्याण अधिकारी सहित अन्य अधिकारियों को दोषी पाया गया । जिन पार्षदों ने ऐसे पेंशन धारकों की
पहचान की जो पहले ही स्वर्ग सिधार चुके हैं और सरकारी खजाने से पेंशन राशि निकालने
में मदद की; उनकी सूची खुद समाज कल्याण विभाग ने पुलिस को भेजी थी लेकिन हैरान
करने वाली बात है कि सभी दोषी पार्षदों व जिला समाज कल्याण अधिकारी को चालान में
सरकारी गवाहों की सूची में रखा गया है, जबकि याचिकर्ता जिसकी शिकायत पर तीन जाँचें
हुई और इतना बड़ा घोटाला उजागर हुआ उसको सरकारी गवाहों के सूची से बाहर कर दिया गया
है । और तो और याचिकर्ता ने
रजिस्टर्ड डाक के माध्यम से पुलिस अधीक्षक व थानेदार को को पत्र लिखकर मामले हर
संभव सहायता देने की पेशकस की लेकिन मामले को दबाने की नियत से पुलिस ने ना तो
उससे पूछताछ की ना ही उसको सरकारी गवाह बनाया । ऐसे में याचिकर्ता ने सी.बी.आई. जाँच की
मांग दोहराते हुए निचली अदालत की आगे की कार्यवाही पर रोक लगाने की माँग की है । और उन पुलिस अधिकारियों के खिलाफ कार्यवाही करने की माँग की है जिन्होंने पार्षदों व बड़े अधिकारियों को बचाने की नियत से बोगस चालान पेश किया है ।
ज्ञात रहे कि आर.टी.आई. कार्यकर्त्ता राकेश बैंस व सुखविंदर सिंह ने अपने वकील
प्रदीप रापडिया के माध्यम से हाई कोर्ट में याचिका दायर करके पुरे हरियाण में हुए पेंशन वितरण में हुए घोटाले की सीबीआई जांच कराने की
मांग की और आरोप लगाया कि तत्कालिन सरपंचों व नगर पालिका
केपार्षदों ने समाज कल्याण विभाग के अधिकारियों से मिलीभगत करके ऐसे व्यक्तियों को पेंशन
वितरण कि जो स्वर्ग सिधार चुके हैं और सरकार को करोड़ों रुपये का चुना लगाया। हरियाणा के
अलग अलग जिलों में मृत व्यक्तियों को करोड़ों रुपये पेंशन के रूप में देने कि मामले
कि सुनवाई के बाद हाई कोर्ट ने 18 जनवरी को हरियाणा के एडवोकेट जनरल को नोटिस ज़ारी करते हुए मामले में स्टेटस रिपोर्ट
दायर करने की हिदायत दी थी । 24 अक्टूबर को कोर्ट में स्टैट्स रिपोर्ट दायर करके कोर्ट को
बताया गया की शाहबाद में समाज कल्याण विभाग ने एफ.आई.आर. दर्ज करवा दी है और 13,43,725 रुपये
की राशि दोषी अधिकारियों से रिकवर कर ली गयी है ।
जस्टिस दया चौधरी ने मामले में कड़ा रुख
अपनाते हुए हरियाणा सरकार को 4 दिसम्बर, सोमवार तक कोर्ट में जवाब दायर
करने की हिदायत दी है ।
ORIGINAL APPLICATION FILED IN COURT
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CM-17318 of 2017
In CWP
No. 801 of 2017
IN THE MATTER OF:
Rakesh Bains and another .......Petitioners
//VERSUS//
Central Bureau of
Investigation and others …..Respondents
Application
u/s 151 C.P.C. for directions to the Respondents, in view of the emergent
situation created by the bogus challan submitted u/s 173 Cr.P.C in F.I.R.
No.46/28-01-2017, P.S. Shahbad, District-Kurukshetra (ANNEXURE P-25); only
against a Clerk and Sewadar for committing huge pension scam; an act of eyewash
to protect the Municipal Counsellors and senior officers, with a view to
circumvent the final directions of this Hon’ble Court in pending CWP-801-2017.
RESPECTFULLY
SHOWETH:
1. That
the Applicants being Petitioners in the CWP-801-2017 are competent to file the
present Application for directions in view of the emergent situation created by
the bogus challan submitted u/s 173 Cr.P.C. by Police only against a Clerk and
Sewadar for committing huge pension scam; which clearly appears an act of
eyewash to protect the Municipal Counsellors and Senior Officers, with a view
to circumvent the final directions of this Hon’ble Court in pending
CWP-801-2017, hereinafter known as main petition. The present Application may be read as
a part and parcel of the main Petition and therefore the contents are not
repeated herein for the sake of brevity and to avoid prolixity.
2. That
the Petitioners had filed the main
petition in order to get investigated the
institutionalised form of corruption and
misappropriation of the Govt. funds; committed in the course of implementation
of Social Welfare Schemes, i.e. disbursement of pension, as the Comptroller
& Auditor General of India in Report (Annexure P-3), Enquiry Reports (Annexure
P-4, Annexure P-10 and Annexure P-19) have exposed the large scale
scam/corruption in the social welfare scheme of disbursement pension to the
ineligible persons, including dead one. While keeping in view the peculiar
facts and circumstances of the case this Hon’ble Court vide order dated: 18th
January, 2017 was pleased to issue notice to the Ld. Advocate General, Haryana,
for report on the Complaint Dated: 01.07.2016 (Annexure P-12 at Page No.
158-164) to the Respondents.
3. That in
compliance to the directions of this Hon’ble Court the Joint Director, Social
Justice & Empowerment Department, Haryana, vide status report dated:
24.10.2017 apprised this Hon’ble Court only in respect of the commission of
offences committed in the municipal area of Sahabad Municipal Committee,
whereas the Petitioners in the present petition had highlighted the large scale
scam rampant throughout the State of Haryana, which is illustratively reflected
in the CAG Report (Annexure P-3) three enquiry reports (Annexure P-4, P-10 and
P-19). The
status report is very cryptic and evasive; but still it highlights:
Ø The amount of Rs. 13, 45725 /- has been recovered.
Ø In the matter of embezzlement of pension amount
there was negligence and irregularity on the part of the office of District
Social Welfare Officer, Kurukshetra and the DSWO and Assistant had been charge
sheeted under Rule-7 of Service Rules.
Ø The District Social Welfare Officer, Kurukshetra,
had lodged FIR No. 0046, DatedL 28.01.2017 u/s 409/420 IPC.
4. That now after issuance of notice by this Hon’ble
Court the DSWO, Kurukshetra registered a very sketchy, concocted and improved
FIR No. 46, Dated: 28.01.2017 u/s 409, 420
IPC; which reads:
“In reference
to the aforesaid subject this is to inform you that this office vide letter no.
152, Dated: 23.01.2017 had instructed you to register FIR against the pension
disbursing officials of the Municipal Committee, Shahbad and against the former
Municipal Counsellors who had identified the deceased persons for the purpose
of disbursing the pension amount to the family members of dead persons. But,
now, the Director, Department of Social Justice & Empowerment through an
amended letter no. 1617/P-1/OAP, Dated: 25.01.2017 has instructed to register
FIR only against the pension disbursing officials of the Municipal Committee,
Sahabad. In reference to the aforesaid matter this is to inform you that the
pension amount distributed to the deceased beneficiaries, along with 12%
interest has already been recovered and the Deputy Commissioner, Kurukshetra,
has charge-sheeted the erring officials under Rule-7. Therefore, you’re
requested to register FIR against the pension disbursing officials”
5. That the contents of the aforesaid FIR are self-explanatory
of the fact that the FIR has been improved to give benefit to save the
Municipal Counsellors (MCs), as all the letters, complaints and enquiries/audit
reports etc. from the very infancy stage have been pointing towards the
involvement of the Municipal Counsellors in the entire scam, but at the last
moment the Police was restrained from registering FIR against the MCs.
6. That the undisputed facts and circumstances prior
to the registration FIR are germane to appreciate the issue in the writ petition,
specifically in the light of the statutory obligation of every citizen
including Govt. Officers; envisaged under Section-39 Cr.P.C. which obligates to
provide information of offences to the Police or nearest Magistrate and failure
to provide such information is an offence. This Hon’ble may kindly peruse the below
mentioned undisputed facts and circumstances:-
(i)
The
contents of the CAG Report of the Year 2013 (Annexure P-3) clearly
pointed out the commission of cognisable offences, but not even a single FIR
was registered on the basis of the CAG Report.
(ii)
The
Departmental Enquiry Report Dated: 03.08.2015 (Annexure P-4) clearly had disclosed
the commission of cognizable offences by the President/Secretary Municipal
Committee, staff members of Municipal Committee, and by the District Social
Welfare Officer, Kurukshetra. But, still, the concerned officers did not
register FIR in the matter.
(iii)
Director General,
Department of Social Justice and Empowerment vide letter no. 29816 dated
09.10.2015 (Annexure P-5 at Page No.146 of CWP) had directed the
District Social Welfare Officer, Kurukshetra, to register FIR against the
erring officials and Municipal Counsellors etc. for causing loss to the State
Exchequer by misappropriation and embezzlement. However, still, due to
extraneous consideration no FIR was registered.
(iv)
The District Social
Welfare Officer, Kurukshetra, vide letter no. 2942, Dated 07.12.2015 (Annexure
P-6 at Page No.147 of CWP) wrote to the SHO, Police Station, Shahbad, to
register FIR against the corrupt officers for embezzlement and Exchequer loss
of Rs. 935196. However, curiously enough, when the SHO, Police Station,
Shahbad, vide letter dated 15.12.2015 (Annexure P-7 of CWP) requested
the District Social Welfare Officer, Kurukshetra to provide the complete record
and other details related to the corruption/scam, the District Social Welfare
Officer, vide letter no. 60, dated 05.01.2016 (Annexure P-9 of CWP) requested
the concerned SHO not to register FIR against the corrupt officers, which
according to the statement of the DSWO before the Enquiry Committee, was done
on the telephonic instructions of the senior officers of the Head Quarter,
Social Welfare Department.
(v)
The three Member
Committee consisting of Additional Deputy Commissioner, Accounts Officer, DRDA
and District Social Welfare Officer, Kurukshetra, in its detailed Enquiry
Report, Dated: 26.02.2016 (Annexure P-10 at Page No.151-154 of CWP) found that
that there was a huge scam in the pension distribution and concluded that ‘the possibility of the involvement of
officers/officials of Head Office can not be ruled out’ However, still no
FIR was registered.
(vi)
That while acting on
the representation of the Petitioner No.1 the Additional Chief Secretary,
Social Justice & Empowerment Department formed the three members committee;
consisting of Auditor, Resident Audit Officer and Deputy Director to conduct
enquiry for the purpose of fixing the accountability of the corrupt officers.
And, in the Enquiry Report Dated: 06.06.2016 it was clearly found that the
District Social Welfare Officer; in collusion with the MCs got APRs (Registers
for pension disbursement) signed by MCs in back date. The Enquiry Report
further revealed that:-
“Embezzlement/fraud
was committed by MC Staff, MCs and DSWO staff jointly.”
Further, it was stated in the
Enquiry Report that :
“as per Govt. instructions
pension has to be disbursed after having identification by the Municipal
Counsellors (MC) and MCs identified the beneficiaries”,
who were actually dead.
And, Enquiry
Report concluded:-
“The District
Social Welfare Officer being the Head of the Office had closed eyes and earl
completely that allowed embezzlement to happen”
Still, no FIR was registered. However,
shockingly, now the same District Welfare Officer is the informant in the FIR
and MCs, who are actually accused, have been made prosecution witnesses in the
Challan submitted by Police and this enquiry report in the challan has been
withheld by Investigation Officer from the trial court. The true copy of the
Enquiry Report Dated: 06.06.2016, in continuation of the earlier annexures of
the writ petition, is annexed herewith as ANNEXURE P-19.
(vii)
That the Director, Social
Justice & Empowerment Department, vide letter dated: 19.07.2016 directed
the District Social Welfare Officer, Kurukshetra, “to take strict action
against the officer/official who are involved in the illegal disbursement of
pension, and also against the MCs who identified the beneficiaries.” However,
still, no FIR was registered. The true copy of the letter dated: 19.07.2016 is
annexed herewith as ANNEXURE P-20.
(viii)
When all the
concerned authorities failed to fix the accountability for the commission of
serious offences of corruption; the Petitioner, vide letter dated: 01.07.2016
(Annexure P-12) had to write to the Chief Secretary, Vigilance Department,
Haryana and Enforcement Directorate for taking requisite action.
(ix)
The Director, Social Justice & Empowerment
Department, vide letter dated: 19.07.2016 directed the District Social Welfare
Officer, Kurukshetra, “to register F.I.R. against the all officials of the
Municipal Committee, whosoever are involved in the
irregularities in pension disbursement and also against the Municipal
Counsellors who had identified the dead beneficiaries of pension.” The true copy of the
letter dated: 19.07.2016, in continuation of the
earlier annexures of the writ petition, is annexed herewith as ANNEXURE
P-21.
(x)
When
the entire system failed it its duty in setting the criminal law into motion
for commission of the serious cognisable offences under the Prevention of
Corruption Act and IPC, the Petitioners had to invoke the jurisdiction of this
Hon’ble Court under Article 226 of the Constitution and this Hon’ble Court vide
order dated: 18th January, 2017 was pleased to issue notice to the
Ld. Advocate General, Haryana, for report on the Petitioners’ Complaint Dated:
01.07.2016 (Annexure P-12)
(xi)
After
issuance of notice by this Hon’ble Court the District Social Welfare Officer, sent
a letter dated: 23.01.2017 to the S.H.O., along with the list of the accused
who had identified the dead beneficiaries, for registering FIR.
It appears after seeing the wide media coverage to the cognizance taken by this Hon’ble Court; the District Social Welfare
Officer came out of slumber and had to write to the SHO for registering FIR. The true copy of the
letter dated: 23.01.2017, in continuation of the
earlier annexures of the writ petition, is annexed herewith as ANNEXURE
P-22.
(xii)
Curiously
enough, the Director, Social Justice &
Empowerment Department, vide letter dated: 25.01.2017, by dropping the names of
the accused MCs, communicated to the District Social Welfare Officer that the
Govt. has passed the order:
“Criminal
case be got registered against all employees/officials and beneficiaries found
guilty in addition to departmental action against them”
It
appears that this letter dated: 25.01.2017; dropping the names of the accused
MCs is actuated by extraneous considerations, including, exchange of bribes,
political interference or any other reason best known to the officers at the
helm of affairs. The true copy of the
letter dated: 25.01.2017 is annexed herewith as ANNEXURE
P-23.
7. That another startling fact is that, though this
entire scam was unearthed and exposes on the repeated complaints of the
Petitioners, but astonishingly the Investigation Officer did not join the
Petitioners in the investigation. Therefore, the Petitioners, vide letter
dated: 29.06.2017; through Speed Post,
apprised the Superintendent of Police, Kurukshetra and SHO, Shahbad about the
facts and circumstances of the case and told that there were in possession of
several documents and expressed willingness to support the Investigation
Agency. However, despite this letter the Petitioners were not joined in
investigation. The true copy of the letter
dated: 29.06.2017 is annexed herewith as ANNEXURE
P-24.
8. That now, Police has filed Challan/Final Report u/s
173 Cr.P.C. (Annexure P-25), which is, in fact, the real face of shoddy
investigation, appearing to be actuated by extraneous considerations,
including, exchange of bribes, political and bureaucratic interference or the inefficiency
of the local police to deal with the corruption matter. Curiously enough, the
Challan exposes the startling facts and circumstances, few illustrations are:
Ø All the accused including former MCs, District
Social Welfare Officers, and other staff members; who were consistently found
involved in the pension scam and were actually accused in all three Enquiry
Reports; have been made informant and prosecution witnesses. Whereas, the
Petitioners who, since the year 2014, have been consistently taking pains to unearth
and expose the scam by approaching all concerned authorities including this
Hon’ble Court, have been completely sidelined in the investigation. It appears
that the local police acted in collusion with the influential accused and
therefore with a view to shield the real accused; have completely wiped out the
petitioners from the list of prosecution witnesses. The prosecution even against the small fishes like
a Clerk and a retired Sewadar is bound to fail as, by and large, all
prosecution witnesses themselves are part of the larger conspiracy to loot the
money meant for the social welfare. A tactical retreat perhaps.
Ø It baffles the common human prudence as to how
alone clerk and a sewadar can commit such a huge scam without the active
connivance of the MCs and senior officers and these two small fishes have been
made to appear so cunning that they managed to obtain the signatures of the MCs
for the purpose of identification of the dead beneficiaries of pension.
Ø The investigation was only restricted to the
section 409, 420 IPC. Even, the Section 120-B was not invoked. Whereas, the
contents of the multiples enquiry reports, coupled with the information
provided by the Petitioner, very explicitly discloses the offences of
Prevention of Corruption Act and Prevention of Money Laundering Act.
Ø The challan would reveal that the official record
was not even got examined by the Finger Print Expert to expose who had put made
forged entries in the record by fabrication and by putting fake signatures and
thumb impression.
Ø Though, the disbursed pension amount has been
recovered from the beneficiaries, but no pension beneficiary has been made
accused, because as a matter of fact; the pension amount was pocketed and
shared by the MCs and concerned staff. And, now, the entire amount which has
been shown to be recovered from the beneficiaries of pension, as a matter of
fact, has been deposited by the accused MCs and staff members, by raising
collection among themselves. The true translated copy of the relevant extract
of challan is annexed herewith as ANNEXURE P-25.
9. That
trial in the FIR No. 46, Dated: 28.01.2017 is at the stage of framing charges
against the accused. If the charges are framed only against a Clerk and
Sewadar, the real accused will escape from the prosecution and punishment.
10. That
the shoddy investigation in a single case of a small municipal area of a single
district reinforces the stand of the Petitioners that the concerned officers of
the Social Justice & Empowerment Department, throughout the State of
Haryana had hatched a conspiracy to loot the public money in the name of
disbursing pension.
11.
The Joint Director,
Social Justice & Empowerment Department in the status report dated:
24.10.2017 filed before this Hon’ble Court has tried to restrict the scope of
the present writ petition only to a small area of the one District, i.e.,
Kurukshetra. Whereas, the FIRs and complaints of various district of Haryana
and CAG Report attached with the writ petition exposes the corruption in the
entire State. Moreover, the status report nowhere states how much amount has
been recovered in terms of the CAG Report and how many criminal cases have been
registered for misappropriation of Govt. funds.
PRAYER
It
is, therefore, respectfully prayed that this Hon’ble may kindly be pleased to:-
(i)
Stay the trial in FIR
No. 46, Dated: 28.01.2017, P.S.-Shahbad, District – Kurukshetra and direct
further investigation in terms of the relief sought in the main writ petition.
(ii)
Grant the entire
relief sought in the main writ petition. And/or
(iii)
Direct the
Respondents to join the Petitioners in the entire investigation on Complaint
Dated: 01.07.2016 (Annexure P-12)
(iv)
Direct the DGP,
Haryana to conduct enquiry and punish the erring police officials for conducting
the shoddy investigation in FIR No. 46, Dated: 28.01.2017, P.S.-Shahbad,
District – Kurukshetra.
(v)
Exempt from filing of the certified/types copies of the
aforesaid Annexure P-19 to P-25.
(vi)
Pass any other order,
writ or directions which may be appropriate in the light of the facts and
circumstances of the present case.
Dated:
29.11.2017 (PARDEEP
KUMAR RAPRIA)
Chandigarh Counsel for Petitioners
No comments:
Post a Comment