Court No. - 7
Case :- WRIT - A No. - 17401 of 2018 Petitioner :- Goverdhan Singh Respondent :- State Of U.P. And Another Counsel for Petitioner :- Dwijendra Prasad Counsel for Respondent :- C.S.C.,Bhupendra Kumar Yadav
Hon'ble Dinesh Kumar Singh,J.
This petition has been filed for quashing the order dated 13th June 2018 (Annexure-3) passed by respondent No.2- Zila Basic Shiksha Adhikari, Firozabad directing the petitioner to complete the construction of the school for which he was given fund, while he was working on the post of Principal of the School in the year 2009.
There is no dispute that the funds were released in favour of the petitioner for construction of the school in the year 2009. Till 2017, when he was retired on 31st March 2017 the construction of the school was not completed. From the facts as stated in the impugned order it is clear that the petitioner has embezzled the funds which were meant for construction of the school and, therefore, taking a lenient view the impugned order was passed.
Sri B.K. Yadav, learned counsel for the respondent No.2, on the basis of the instructions, submits that the petitioner had given an affidavit on 3rd May 2017 to complete the construction of the school and, therefore, in view of the above matter, a lenient view was taken by the authorities.
This is a serious matter where the petitioner has embezzled the funds meant for construction of the school, he gave the affidavit before the concerned authority to complete the construction work. Instead of completing the construction he has approached this Court by filing this petition, which is otherwise not maintainable. The concerned authority is directed to take penal, civil and disciplinary action which may be permitted under law against the petitioner for the recovery of the amount from him and criminal action for punishment against him including the lodging of a first information report.
With the aforesaid directions, this petition which lacks any merit and substance is, accordingly, dismissed.
Order Date :- 21.8.2018 NSC