sunil kumar avasthi vs. sarvodaya seva sansthan-transl

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IN THE COURT OF DEPUTY COMMISSIONER (JUSTICE) LUCKNOW DIVISION, LUCKNOW No.323/2002-03 Under section 210 L.R. Act, District Lucknow Sunil Kumar Awasthi vs. Sarvodaya Seva Sansthan & Ors ORDER Aggrieved by the Judgment and Order dated 22.11.1976 passed by Sub Divisional Officer, Gopalganj, present revision under section 219 of L.R. Act, is filed before this Court on 8.7.2003, thereby prayed to delete the fake entries. Learned counsel for the revisionist argued that about 60 bigha land in the name of Sarvodaya Seva Sanastan situated at Village Koriyani, Mahungua Village Mitoli Agampur, Chandsarai, Village Karora and on the basis of forged entries and by not filing the records to the State Government, the earnings the same is being misused thereby causing loss to the State Government. Sarvodaya Inter College and Sarvodaya Seva Sansthan both have one manager whereas both the institutes are separate. It was argued in the argument that property has been transferred from the name of Sarvodaya Inter College to Sarvodaya Sewa Sansthan under section 33/39 of Land Acquisition, which is outside the limit of their jurisdiction and they have not right to do so. Section 33/39 only can resolved the error and cannot transfer the property and at the end requested to set aside the order of the Trial Court. I have heard arguments of Ld. Counsels for both the parties and also perused the records placed by them. Revisionist has not filed certified copy of the order dated 22.11.76. He merely filed photocopy. The facts mentioned regarding time barred in the revision are not sufficient. Filing

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  • IN THE COURT OF DEPUTY COMMISSIONER (JUSTICE)

    LUCKNOW DIVISION, LUCKNOW

    No.323/2002-03 Under section 210 L.R. Act, District Lucknow

    Sunil Kumar Awasthi vs. Sarvodaya Seva Sansthan & Ors

    ORDER

    Aggrieved by the Judgment and Order dated 22.11.1976

    passed by Sub Divisional Officer, Gopalganj, present revision

    under section 219 of L.R. Act, is filed before this Court on

    8.7.2003, thereby prayed to delete the fake entries.

    Learned counsel for the revisionist argued that about 60

    bigha land in the name of Sarvodaya Seva Sanastan situated

    at Village Koriyani, Mahungua Village Mitoli Agampur,

    Chandsarai, Village Karora and on the basis of forged entries

    and by not filing the records to the State Government, the

    earnings the same is being misused thereby causing loss to

    the State Government. Sarvodaya Inter College and

    Sarvodaya Seva Sansthan both have one manager whereas

    both the institutes are separate. It was argued in the

    argument that property has been transferred from the name

    of Sarvodaya Inter College to Sarvodaya Sewa Sansthan

    under section 33/39 of Land Acquisition, which is outside the

    limit of their jurisdiction and they have not right to do so.

    Section 33/39 only can resolved the error and cannot transfer

    the property and at the end requested to set aside the order

    of the Trial Court.

    I have heard arguments of Ld. Counsels for both the

    parties and also perused the records placed by them.

    Revisionist has not filed certified copy of the order dated

    22.11.76. He merely filed photocopy. The facts mentioned

    regarding time barred in the revision are not sufficient. Filing

  • of revision after about 27 years is highly time barred whereas

    as per law clarification regarding cause of delay should have

    been mentioned day to day wise. Revisionist has filed

    photocopy of the questionnaire. The grounds given by the

    Revisionist for deleting the entries continued from so long

    time are not sufficient because consolidation proceeding has

    been done in the village. If revisionist had any objection then

    he should have to file objection at the time of consolidation

    which was not done. Present revision petition is highly time

    barred and copy filed by the revisionist is not certified. On

    these grounds the present revision is liable to dismissed.

    In the light of the above discussion present revision

    being highly time barred is dismissed. File be consigned to

    record room. Copy of the order be sent to Trial Court.

    Dated 14.07.2003 SD/- (Sharda Mishra) Deputy Commissioner (Justice)

    //TRUE COPY//

  • IN THE COURT OF SUB DIVISIONAL OFFICER, MOHANLAL

    GANJ, LUCKNOW

    Sarvodaya Sewa Sansthan vs. Sarvodaya

    Inter College Gosaiganj, Luckonw

    Case No. 67/50 Year 1776-77

    U/s Correction of documents

    ORDER

    In the present case Shri Ram Pal Dwivedi, Manager

    Savodaya Sansthan, Gosaiganj, has on 20/7/76 filed an

    application for correction of documents (U/s 33/39) U.P. Land

    Revenue Act, and prayed that entire property of the Sarvoday

    Inter College be vested into Sarvodaya Sansthan. Therefore

    the land in the name of Sarvodaya Inter College, situated at

    Village Sadarpur, Karora, Kiryani, Chand Sarai, Manghua, and

    Mitoli Adampur, be vested in the name of Sarvodaya Sewa

    Sansthan, Gosaiganj.

    I have perused the report of the Tehsildar dated 6.11.76

    and also heard argument in this regard.

    I am agree with the report of the Tehsildar dated

    6.11.76 therefore it is directed that name of Sarvodaya Inter

    College Gosaiganj, Manager Ram Pal, be deleted from Khatoni

    Khata NO.109 of Adam Sadarpur Karora, Khata No. 42 of

    Koriyani, Khata khatoni No. 65 of Chand Sarai, Khata No. 23

    of Gaghua, Khatoni Khata No. 37 of Adampur, and name of

    Sarovdaya Sansthaan Gopaiganj, be recorded.

    SD/- (O.P. Sharma)

    Sub Divisional Officer Lucknow

    //TRUE COPY//

  • From

    Deputy Director of Education

    Division, Lucknow

    To

    Directorate of Education, Inspector

    Lucknow

    Letter No.1502/74-75 Dated June 22, 1973

    Subject: Change of name of School

    Sir,

    With reference to the letter of Manager, Sarvodaya

    Inter College, Gusaiganj, Lucknow No.8563/74-75 Dated

    11.6.71, after the consideration on the proposal of the

    Management Committee of the School, as per the proviso of

    article 16 (6) of Education Committee, permission for change

    in name is granted to Sarvodaya Inter College, Gosaiganj,

    Lucknow. Therefore name of the above school be read as

    Rampa Trivedi Inter College, Gusaiganj, Lucknow. Necessary

    correction be made in the office records.

    Sd/- Deputy Director of Education

    Division Lucknow

    Letter No.1568. dated as above

    Copy to the following for information and necessary action.

    1. Director of Education, Uttar Pradesh, Allahabad.

  • 2. Director of Education, Shvir Office, Lucknow

    3. Secretary, Central Board of Secondary Education, U.P.

    Allahabad.

    4. Education Departmental Examination, U.P. Allahabad.

    5. Deputy Director of Education, Uttar Pradesh along with

    additional copies to the effect that he should provide a

    copy of the same to concerned J.V/N.

    6. District School Inspector, Uttar Pradesh

    7. Manager, Sarvodaya Inter College, Gusaiganj, Lucknow

    Sd/- Deputy Director of Education

    Division Lucknow

    //TRUE COPY//

  • IN THE COURT OF DEPUTY COLLECTOR, MOHANLALGANJ,

    LUCKNOW

    Case No. 14/99-2000

    Rampal Inter College, Through Manager, Sarvodaya Sewa

    Sansthaan

    Versus

    Gram Saha Koriyani U/s 33/39 Land Revenue Act.

    JUDGMENT

    Present case has been filed before my court after the

    report of Tehsildar under section 33/39, in which applicant

    has stated in his suit that his school is continuing at Gate

    No.463 situated at Village Koriyani Pargana and Tehsil

    M.Ganj, which present number is 475. In the record of above

    gata only school is mentioned and same may be corrected

    and at land No. 663, Sarvodaya Sewa Sansthan be recorded

    in place of school.

    In this regard Tehsildar has stated vide his report

    No.463 dated 30.10.99 that presently gata No 475 Old Gata

    No. 463 area 8-14-17, cate 9-2 is recorded in the name of

    School in govt. records. This land is situated at Village

    Koriyani, pargana and Tehsil Mohanlal Ganj.

    In this regard counsel for the Gramsabha has filed an

    objection and stated that entry of the school is very old and it

    cannot be corrected in the present proceeding. That applicant

  • has stated in his application that case has been filed before

    the Consolidation Court but not disclose what order was

    passed in the Consolidating Court, as such it is the last entry,

    which cannot be corrected. Therefore suit be dismissed as

    being not as per rule.

    I have thoroughly perused the record of the Tehsildar

    and the file and came to the conclusion that since above entry

    in the khatoni is more than 20 years old. Besides after the

    verification the documents filed by the applicant, are in

    photocopies and same cannot be read in evidence.

    Various courts in their judgments have held that

    generally old entries cannot be corrected in a summary

    proceeding under section 33/39. Therefore it not seems

    appropriate to allow the application of the applicant.

    ORDER

    Application is dismissed. File be consigned to record

    room for necessary action.

    Sd/- (Hemant Kumar) Deputy Collector, Mohan Lal Ganj

    //TRUE COPY//

  • Shri Kumar Awasthi S/o Shri Surya Prasad Resident of

    Thakarpur, Trivediganj, District Barahanki, stated that I am

    posted as Assistant in Rampal Trivedi Inter College Gosaiganj,

    Lucknow since 24.7.86 and Sarvodaya Seva Sansthan,

    Gosainganj, Lucknow is life time member. This school is state

    funded and is under the control of State Government. Since

    the year 1987, under the supervision of the then Principal of

    the School Shri Bhibhuti Pandey, four shops was constructed,

    for which evidence, the application given by him is being filed.

    State Government has ownership right in the School

    premises. Shops were allotted to Shri Om Prakash Gupta, Bal

    Govind Tripathi, Vinod Kumar Mishra and Kuldeep Kumar

    Dwivedi and Rs.2000/- each was taken as security amount

    and Rs.250/- was fixed as rent, which rent was being

    collected by the Clerk Shri Ram Harsh Maurya and he used to

    deposit the same in the account of Sarvodaya Seva Sansthan

    No. 1079 with Zila Cooperative Bank Branch Gosaiganj,

    Lucknow. The then Principal Vibhuti Bhusba Bhushan Pandey

    was the main conspirator in the School. He was also member

    of the Executive committee of Sarvodaya Sewa Sansthan. At

    that time he was Manager of founder of the School and Ex.

    MLA and Freedom Fighter was Shri Rampal Trivedi. Manager

    of the School died in the year 1988 and since the date of

  • establishment of the school Shri Chander Shekhar Trivedi

    remain Deputy Manager and used to support the Manager.

    After some time Shir Vibhuti Pandey, the then Principals also

    retired. After the retirement of Shri Pandey, Shri Ram Kishor

    Mishra, Senior Asstt. Lecturer, got charge of the principal and

    thereafter daily recommendation of one shop was started and

    got involved in the said criminal activity. Recommendation is

    annexed. After the death of Late Ram Pal Trivedi, his elder

    son Shri Rama Shankar Trivedi was appointed as Manager

    and Shri Chander Shekhar Trivedi became Deputy Manager,

    who is presently Manager in the said School. Till the year

    2005 the then Manager Shri Rama Shankar Trivedi and the

    then Principal Shri Ram Kishor Mishra had constructed 61

    (Sixty one) shops, which security amount of Rs.5000 to

    10000/- per shop and rent Rs.300/- to 400/- was recovered.

    This act was also deposited by the Head clerk of the school

    Shri Ram Harsh Maurya. On 27.6.2000 Shri Ramashankar

    Trivedi was expired and on 8.7.2000 Shri Uma Shankar

    Trvidei was expired. Principal Shri Dev Dutt Shukla, Shri

    Kailash Nath and Shri Om Perakash Avasthi had no concern

    with these shops. From June 2000 to December 2002 dispute

    regarding manager post was pending before the Lucknow

    Bench of the Hon'ble High Court and in December 2002 after

    becoming Manager of the School, Shri Chander Shekhar

  • Trivedi has handed over charge of the of shops of Sarvodaya

    Sewa Sanasthan to the Junior Clerk of the School for a

    emolument of Rs.600/0 per month and Shri Onkar Nath

    Dwivedi, after his retirement from the Chaprasi, handed over

    charge for recovery of the monthly rent from the shops, at

    salary of Rs.1000/-. Present principal of the School Shri Lalji

    Lal Srivastava also got involve with the act of Shri Chander

    Shekhar. Monthly rent was being deposited through Junior

    Clerk of the School Shri Shiv Shankar Dwivedi and receipt of

    the rent was used to sign by him in his own handwriting and

    issued to shopkeepers. Shop No. 1 to 39 was constructed in

    the school premises, which ownership right is with State

    Government and is relieved by the District Council. Its area is

    8 Bigha 14 Biswas 6 Biswasi, which Manager Late Rama

    Shankar Trivedi tried to transfer into Sarvodaya Seva

    Sansthan during his tenure. But Gram Sabha has raised

    objection and stated that entry of the school is very old and it

    cannot be corrected in these proceedings. Hon'ble Deputy

    Collector, Mohan Lal Ganj, Lucknow has, dismissing the case

    No. 10/99-2000 mentioned that application of the applicant is

    not seems to be appropriate to allow and despite having been

    entered the ownership in the name of School, Manager and

    Principal did not deposit the earned money in the

    Development Fund of the School and caused State revenue

  • loss and Shri Chander Shekhar Trivedi, being the Manger and

    Manager of Sarvoda Sewa Sansthan, transferred the amount

    of lacs of rupees from the Account No. 1099 of District

    Cooperative Branch, Gosaipur, Lucknow to the account No.

    8/133351 State Bank of India, Branch Gosaipur Lucknow.

    Their this act is a Criminal act. Shop No. 40 to 65 is still

    recorded is still recorded in the name of Sarvodaya Sewa

    Sansthan, Gosaiganj, Lucknow. Its area is 1 (one) Bigha 1

    (One) Biswa, which land of Gram Samaj was gifted by the

    Gram Pradan Chand Sarai to the School. Above area is

    mortgage as agriculture. On the demand of Shri Chander

    Shekhar Trivedi, Grmam Pradhan Chand Sarai has given 8

    bigha land at the side of Railway line, to the School. Above

    area is recognized as Agriculture. School was established in

    the year 1960 by the Sarvodaya Secondary School

    Committee, and the same was operated under file No. is

    9879, as Sarvodya Inter School, Gosainganj, Lucknow.

    Sarvodaya Inter School, Gosainganj, Lucknow got land as a

    gift by Village Mitoni -29 Biswa, Chand Sarai, Lucknow 9

    Bigha, Mahgua 13 Bigha,. Kariyani 4 Biswa and 8 Bigha

    school premises, Sadarpur Karora -13 Bigha total 60 Bigha

    immovable property. Above property is belong to State

    Government. In the year 1974 law U.P. Educational

    (Prevention of Dissipation of Assets) Act, 1974 was passed.

  • Despite that State Government has made the Education

    Department as owner of the entire property of the school and

    prevented the transfer of movable and immovable property of

    the school without the prior permission of the Education

    Director. After enforcing of this law Vibhuti Bhushan Pandey

    had hatched conspiracy with Principal of the School, which

    includes officials of the Sarvodaya Second Secondary

    Committee, given in file no 9879, 1. Chandra Bhanu Gupta

    (President) 2. Rajender Narayan Dar (Vice President 3.

    Mahadev Prasad Verma (Vice President) 4. Ram Pal Trivedi

    (Manti) 5. Ramashankar Trivedi (Treasurer) 6. Shri Chander

    Shekhar Trivedi (Mantri) 7. Shri Lala Sohan Lal (Member) 8.

    Laxmi Naryaan Trived (Member) 9. Sohan Lal Trivedi

    (Member) 10. Gulamuddin Haider (Member) 11. Dev Narayan

    Jaswal (Memer) 12. Cheda Lal (Member), 13. Shiv Ratan

    Singh (Member). Above society was not renewed and the then

    Principal of the School Shri Vibhuti Bhushan Pandey, has filed

    case No. 67/50 year 1976-77 in the imaginary name

    Sarvodaya Sewa Sansthan, Gosaiganj, Lucknow, for

    correction in the documents under section 33/39, before

    Deputy Collector, Lucknow, without the permission from the

    Education Director and without impleading State Government

    and Gram Sabha as party and changed Sarvodaya Inter

    College to Sarvodaya Sewa Sansthan, Gosaiganj. This is the

  • violation of Section 5 of U.P. Educational (Prevention of

    Dissipation of Assets) Act, 1974. In this case plaintiff and

    defendant are same person. When this property was

    transferred at that time Sarvodaya Sewa Sanstham,

    Gosainganj, Lucknow was only imaginary name. Principal was

    Shri Vibhuti Narayan. This institution Sarvodaya Sewa

    Sansthaan, Gosainganj, was registered on 24.3.81 vide

    Registration No. 7423-80-81 file No. 66060 b Registrar Firms

    Society & Chit Fund U.P. Lucknow. This is serious crime.

    Sarvodaya Sewa Sansthan has not acquired any self property,

    only by grabbing the property of school, within aim to

    personal gain, the then Principal of the School Shri Vibhuti

    Bhushan Pandey and Manager Shri Rampa Trivedi and Deputy

    Manager Shri Chander Shekhar Trivedi who is presently

    Manager of the School, has constituted the same. At the time

    of constitution Member of Sarvodaya Sanasthan were 1.

    Rampal Trivedi- President, 2. Shri Raj Narain Gupta, Vice

    President, 3. Chander Shekhar Trivedi, Pradhanmantri, 4. Shri

    Shiv Kumar Dwivedi- Deputy Minister, 5. Shri Shiv Ratan

    Singh, Treasurer, 6. Ram Shankar Trivedi Member, 7. Mata

    Prasad Tripathi, Member, 8. Raghuraj Singh, Member, 9.

    Ramdev Bajpai, Member. 10. Baijnath Prasad Jaiswal,

    Member, 11. Shri Vibhuti Bhushan Pandey, Member. Presently

    by violation the provision of section 7 of U.P. Educational

  • (Prevention of Dissipation of Assets) Act, 1974 Shri Shivratan

    Singh, President, Ram Pal Trivedi, Gosaiganj and President

    Sarvodaya Sewa Sansthan and Shri Chander Shekhar Trivedi,

    E.K. Gosainganj and Presdient Sarvodaya Sewa Sansthan and

    Manager Sarvodaya Sewa Sansthan Shri Vibhuti Bhushan

    Pandey (conspirators) Deputy Manager Ram Pal Trivedi Inter

    College and treasurer Sarvodaya Sewa Sansthan, Gosainganj,

    Lucknow have deposited money of rent and land in Account

    No. 1079 with Zila Cooperative Bank Branch Gosain Pur and

    8/B351 State Bank of India, Gosainpur, and caused revenue

    loss. In this conspiracy principal of the School Shri Vibhuti

    Bhushan Pandey and Shri Ram Kishor Mishra are also

    involved. Due to this the interest of the school, Student and

    Teachers are suffer a huge loss. This offence is committed

    intentionally and afterthought. They are responsible for this

    crime and they should be published according to law.

    Sd/-

    Dated: Nil

    //TRUE COPY//

  • Registered

    From

    Education Director (Sec.) Uttar Pradesh

    General Education (1) Second Section Allahabad

    To

    Manager Rampal Trivedi Inter College,

    Gosainganj, Lucknow

    P./S(1)/Second/4544 / 2008-09 Dated 1/4/09

    Subject: Show Cause Notice under section 16 D (2) OF

    Secondary Education Amended Act for eliminating

    the rampant irregularities in Ram Pal Inter College,

    Gosainpur

    Sir,

    In relation to above subject it is mentioned that in

    relation to rampant irregularities in your school investigation

    of the complaints received through Government was made by

    Addl. Education Director (Vya. Sh.) Lucknow and as per the

    investigation report following abnormalities are prevalent.

    1. Vide order of the Divisional Officer Mohan Lal Ganj,

    Lucknow, about 65 Bigha land of Sarvodaya Inter College,

    Gosaiganj, Lucknow (changed name Ram Pal Trivedi Inter

    College, Gosainganj, Lucknow) was transferred in the name of

    other society Sarvodaya Sewa Sansthan, Gosainganj,

    Lucknow in the year 1976 without the prior permission of

    competent officer, whereas Sarvodaya Sewa Sansthan was

    not in existence. As such without the permission of competent

  • officer you are held guilty for transferring the property of the

    school in the name of non-existent institution.

    2- Agricultural land of the institute and rent of of the shops

    constructed in the school premises, is not deposited by you in

    the fund of the school and deposited in the bank accounts

    being operated by Sarvodaya Sewa Sansthan, Gosainpur and

    being misappropriated in arbitrary manner whereas entire

    income of the school/society is not deposited in the fund of

    the school and not spend for the interest of school/student for

    which you are guilty.

    Thus from the above it is clear that financial

    abnormalities are widespread in the school and you are

    violating the provisions of Secondary Education Act.

    Therefore you are hereby directed under section 16 (D)

    (2) of Secondary Education Amendment Act, 1921 that you

    should eliminate the financial irregularities rife in the school

    and give your clarification within 15 days to the District

    Inspector of Education, Lucknow and a copy of same to

    undersigned. If your reply is not receive within the prescribed

    time then it will be assumed that you did not want to say

    anything in the matter in question and on the basis of the

  • merits and available evidence action shall be taken against

    you as per rule.

    Yours faithfully Sd/- (Mahanand Mishra)

    Addl. School Director (Sec.), U.P.

    P.S. General(1)/ second / 08-09 Dated as above

    1. Copy of the above to District School Inspector, Lucknow

    to the effect that get the reply of the notice to Manager

    and your report/ recommendation and proposal of notice

    under section 16 D(3) as per requirement, be made

    available to Divisional Joint Education Director, Lucknow.

    2. Copy to the Joint Education Director, Lucknow with the

    direction that to examine the report of the District

    School Inspector Lucknow in respect to the reply

    received from the Manager and your report/

    recommendation along with proposal of notice u/s16 D

    (3) be made available to the Directorate immediately.

    Sd/- (Mahanand Mishra)

    Addl. School Director (Sec.) U.P.

    //TRUE COPY//

  • Disposal of case in compliance of the order of the

    Hon'ble High Court passed on 18.09.2009 in Writ petition

    No.4912/2009 Ashok Trivedi vs. State of UP, & Ors.

    In the petition in question Hon'ble High Court has

    passed the following order on 18.09.2009.

    Pursuant to the order passed by this Court on 16th

    September 2009, the Director of secondary Education Mr.

    Krishna Mohan Tripathi, is present before this Court and

    admits that the proceeding under Section 16 D (2) on the

    matter in question is pending and according to him that has

    to be disposed of after providing opportunity of hearing of

    parties, which may take at least six weeks time. Considering

    the facts and circumstances of the case and to avoid the delay

    in the proceeding. I hereby provide that the parties concerned

    shall appear before the Director on 9th of October 2009 and

    submit their stand, so that he may proceed accordingly to

    pass the order in the matter.

    In compliance of the above order vide this office letter

    No. S1/Shi/Vaad/4561-65/ 2000-10 dated 22.09.2000,

    Divisional Joint Education Director, Lucknow, has directed the

    applicant Shri Ashok Trivedi, Shri Chander Shekhar Trivedi,

    Manager, Ram Pal Trivedi Inter College, Gosainganj, Lucnow,

  • to appear on 09.10.2009 along with all the require

    documents. On the date of hearing Shri Arnesh Kumar,

    District Education Inspector, Lucknow, Shri Chander Shekhar

    Trivedi, Manager, Ram Pal Trivedi Inter College, Gosainganj,

    Lucknow, Shri Ashok Trivedi and or placing defence in their

    side, Shri Ashish Trivedi and advocate Shri Riyaz Ahmad were

    present.

    For the dismantling the abnormalities rife in the school,

    vide letter of Education Director (Sec.) U.Pl School, S-Second,

    Section Allahabad No. Sa-1/Second 4544-46/08-09 dated

    01.04.2009, issued Show cause notice under section 16 D (2)

    of Secondary Education Act, to Manager Ram Pal Trivedi Inter

    College, Goswain Ganj, Lucknow for dismantling the

    irregularities. Mainly following financial irregularities have

    been mentioned in the above notice.

    1. Vide order of the Divisional Officer Mohan Lal Ganj,

    Lucknow, about 65 Bigha land of Sarvodaya Inter College,

    Gosaiganj, Lucknow (changed name Ram Pal Trivedi Inter

    College, Gosainganj, Lucknow) was transferred in the name of

    other society Sarvodaya Sewa Sansthan, Gosainganj,

    Lucknow in the year 1976 without the prior permission of

    competent officer, whereas Sarvodaya Sewa Sansthan was

    not in existence. As such without the permission of competent

  • officer you are held guilty for transferring the property of the

    school in the name of non-existent institution.

    2- Agricultural land of the institute and rent of of the shops

    constructed in the school premises, is not deposited by you in

    the fund of the school and deposited in the bank accounts

    being operated by Sarvodaya Sewa Sansthan, Gosainpur and

    being misappropriated in arbitrary manner whereas entire

    income of the school/society is not deposited in the fund of

    the school and not spend for the interest of school/student.

    In reply to the above notice was given by Manager Shri

    Chander Shekhar Trivedi, vide letter No. 1030-35/08 dated

    11.04.2009 to Addl Education Director (Sec.) Education,

    Directorate, Allahabad, Joint Education Director, Lucknow and

    District School Inspector, Lucknow.

    Averments of Shri Chander Shekhar Trivedi.

    Shri Rampal Trivedi and his son Shri Ram Shankar

    Trivedi remain manager of the above school from the year

    1960 to 2000 till 41 years. Applicant Shri Ashok Trivedi was

    the member of the Management Committee of school of his

    father Late Shri Shankar Trivedi and used to operate all the

    school functions. Shri Ashok Trivedi used to make complaint

    against the acts of Late Shankar Trivedi. And filed writ

  • petitions which shows his distorted mentality. Shri Chander

    Shekhar Trivedi has filed evidence regarding membership of

    the Ashok Trivedi in School Managing Committee.

    In compliance of the order dated 21.01.2000 passed by

    Hon'ble Supreme Court in Writ petition No.270/M.S/200

    Ashok Trivedi vs. state of UP & Ors., on the date of hearing

    12.02.2009 and on the date of disposal of application of the

    Shri Ashok Trivedi on 01.04.2009 and earlier to that on

    31.03.2009 have made his averments but at the time of

    issuance of the notice under section 16D (2) of the Secondary

    Education Act, the placed facts were not amended.

    For the functioning of the above school, Sarvodaya Inter

    College, Gosaiganj was registered under the provisions of the

    U.P. Registration Act 1860 and same was registered vide

    letter No. 480/I/9879/Dated 16.6.1960. For functioning of the

    school, land/building of th e Junior High School Gosaiganj,

    Lucknow was taken on rent from the District Council Lucknow,

    at a monthly rent of Rs.10/- by the society.

    District Counsel, Lucknow has executed sale deed of the

    Building of the Junior High School, Gosainganj Lucknow and

    Khasra No. 464 area 16461 sa. Mtr. Situated at Village

    KOriyanki (Gosainganj) Pargana and Tehsil Mohan Lal Ganj,

  • Lucknow, on 15.6.1972 through Shri Dlare Lal Serivastava,

    the then Engineer, District Coucni, Lucknow, in favour of Shri

    Ram Lal Trivedi, son of Shri Kanhaiya Lal Trivedi, Manager,

    Sarovdaya Uttachhtar Madhyamik Vidyalaya, Gosaingaj,

    Lucknow. In this purchase no amount of District Council

    Luckow as invested, Sarvodaya Inter College, Gosainganj,

    Lucknow is running On the land made available by the

    Committee.

    Sarvodaya Sewa Sansthan was registered in the

    provisions of Society Registration Act, 1960 on 09.11.1979

    which registration No. is 6316 31407 dated 08.11.1973 No.

    1970 of 1073-74. Therefore it showing that above society

    Sarvodaya Sewa Sansthan was registered in 1980-81 is

    incorrect because Sarvoda Sewa Sansthan, Gosainganj,

    Lucknow was registered in 1973.

    In the year 1974 vide order No.M-2/1508/74-75 dated

    20 June 1974 of Deputy Education Director, Sixth Division,

    Lucknow, name of the above school has been changed from

    Sarvodaya Inter College, Gosainganj, Lucknow to Rampal

    Trivedi Inter College, Gosainganj, Lucknow. In compliance of

    the order dated 15.11.2011 of the Hon'ble High Court in Writ

    petition No.2406/2001 and In compliance of the order dated

    07.12.2007 passed by Divisional Joint Education Director,

  • Sixth Division, Lucknow, Shri Ashok Kumar Trivedi is

    discharging the obligation of post of Manager of the School.

    From the order dated 03.01.2003 passed in writ Petition No.

    4144/NS/2002 Ashok Kumar Trivedi & Ors. against the order

    of the Divisional Joint Director of Education dated 03.01.2003,

    it is clear that mother society of the school was Sarvodaya

    Senior Secondary School, which is presently functioning in the

    anme of Sarvodaya Sewa Sansthan, Lucknow. In the revenue

    and land records name of Sarvodaya Sewa Sansthan,

    Gosainganj, is recorded. Above complaint regarding land was

    made just to defame the Manager of the Institution. In this

    regard following facts are considerable.

    1. Transfer of the properties of Sarvodaya Senior

    Secondary School, Gosainganj, Lucknow, at Village Mitoli,

    Chandsarai, Koriyani, Mahugaua, and Sadarpur Karora, was

    made by Ex. Manager Shri Rampal Trivedi, vide order of the

    SDM in suit No. 67/50 year 1976-77, Mohan Lal Ganj,

    Lucknow dated 27.11.1976 in the name of Sarvodaya Sewa

    Sanstahn, Gosainganj, Lucknow.

    2. Consolidation proceeding of the area was continued for

    long time in the said area from the year 1980 to 1996. But

    objection was not raise in regard to these properties before

    the consolidation court at any stage. Thus section 49 of the

  • Consolidation Act is bound on these properties and its gazette

    notification has been made.

    3. One Assistant Teacher of the School Shri Sushil Avasthi,

    has clandestinely filed writ petition No. 2270/N/2003 before

    the Hon'ble High Court in regard to the judicial decision dated

    22.11.1976 [assed by the SDM Mohanlal Ganj, in Case

    No.57/50 year 1978-77, which has been dismissed by Hon'ble

    High Court vide order dated 30.042003.

    4. Again Shri Sushil Kumar Awasthi, Asstt. Teacher has

    filed field case No. 323/02 before the Hon'ble Deputy

    Commissioner (Consolidation) Lucknow against the order

    dated 22.11.1976 of the S.D.M. Mohanlalgaj, which was

    dismissed on 14.07.2003.

    Manager Shri Chander Shekhar Trivedi also stated that

    shops are constructed on the land purchased by Sarvodya

    Senior Secondary School, Gosainganj, Lucknow and its

    ownership right has only with the Committee and it has no

    any concern with the school.

    In relation to the construction of shops, the then

    Education Director (Sec.) U.P. Lucknow has registered case

    No. 284/99 under Prevention of Dissipation of Assets. After

    the investigation final report has been filed before the Court.

  • Thus the rent being taken from the shops is not comes under

    Prevention of Dissipation of Assets. He is manager of the

    school since 07.12.2002 and shops were construct earlier

    during the tenure of Shri Ram Shankar Trivedi and since then

    entire tenants are the tenant of Sarvodaya Siksha Sansathan,

    Gosainganj, Lucknow. The rent being recovered by Shri Ram

    Shankar Trivedi was being deposited in the account of the

    mother institution of the school Sarvodaya Siksha Sansthan,

    Gosainganj, Lucknow. This method is adopted by him till date.

    Complainant has repeatedly mentioned about the 5 shops,

    where many shops are constructed in land No.436-437, its

    khasra number is submitted. The then Manager Shri Ram

    Sankar Thriveds wife Smt. Saraswati Trivedi has filed writ

    petition No. 421/2006 before the Hon'ble High Court, which

    has been dismissed by the Hon'ble High Court.

    Rent recovered from the shops is being deposited in the

    bank account of mother institution of the school and its

    receipt is being issued and annual audited from the Chartered

    Accountant and monthly account is entered in the Income Tax

    Department. Thus the question of misappropriation of the rent

    obtained from the shops does not arise. The income received

    from above by the institution is being spent for the necessary

    development work of the school. Land and site plan produced

  • at the time of recognition of the Sarvodaya Inter College,

    Gosainganj, is annexed for perusal. It is clear from the same

    that the rooms of the building is shown at the time of

    recognition, are save and can be verified from the records.

    So far as the point of investigation report is raised by

    the Deputy Education Director, in this regard it is to clarify

    that information of the above investigation or knowledge was

    never given nor same was verified at the school premises.

    Management Committee of the school is operating the school

    and none of the property is misused.

    Statement of Shri Ashok Trivedi.

    With regard to the irregularities in the school District

    Audit Officer has filed the audit report from the year 2001-02

    to 2003-04. In which at Part 2 (B) of para 5 to 1, possibilities

    of misuse/embezzlement of the amount has and causing

    economic loss to the institution is mentioned. Joint Director,

    Sanskrit Education Section U.P. Government, has vide letter

    dated 16.6.2005, considering the seriousness of the charges

    mentioned in the complaint regarding irregularities in the

    school, investigate from the Senior Officer and directed to

    furnish report/ recommendation to the government.

  • As per the order of Education Director (Sec.), Deputy

    Education Director (Vya.Shi) has investigated the matter and

    mentioned that on the request of the Management

    Committee, vide order dated 20.06.1974 of Deputy Education

    Director, Faizabad, permission was granted to change the

    name of the school from Sarvodaya Inter College to Rampal

    Dwivedi Inter College. But in place of change of name of the

    institution, land of the institution, vide order dated 22.11.76

    of the Sub Divisional Officer, Mohan Lal Ganj, vide letter

    No.67/50, year 1976-77, entered in the name of Sarvodaya

    Sewa Sansthan, Gosainganj, Lucknow, whereas the society

    named Sarvodaya Sewa Sansthan was not registered on the

    said date. This fact came into light that registration of

    Sarvodaya Sewa Sansthan was made on 24.02.1981. In his

    report, Education Director (Vya. Shi) has clearly mentioned

    that above land of Sarvodaya Inter College, Gosainganj,

    Lucknow changed name (Rampal Trivedi Inter College,

    Gosainganj, Lucknow), was recorded in the name of

    Sarvodaya Sewa Sansthan by suppressing the facts.

    Divisional Joint Education Director, vide his letter dated

    11.09.2006, has informed to A.Shi.Ni.(Vya.shi.) that the

    shops constructed in the school premises are the properties of

    school and the income/rent obtained from the same should be

    use in the interest of the school but income/rent is being

  • deposited in the account of Sarvodaya Sewa Sansthan, with

    State Bank of India, Gosainganj, Branch Gosainganj,

    Lucknow. For the said misappropriation present management

    is responsible. Directions were issued to the Divisional

    Education Director, to deposit the rent for the shops situated

    in the school premises in the School fund. Deputy Director

    (Vya.Shi.) has stated in his investigation report that present

    institution Management is held guilty and responsible for the

    huge loss being caused in the school. Therefore in the interest

    of justice because of the present serious irregularities of the

    institution huge loss is being caused to the school and due to

    this economic loss it is necessary authorize controller was

    appointed in the School.

    Statement of District School Inspector.

    Society Sarvodaya Secondary School, Gosainganj,

    Luckonw was constituted and operated the school. Sarvodaya

    Sewa Sansthan, Gosainganj, Lucknow was registered under

    the Society Registration Act, 1850 on 09 November 1973,

    which registration number is 6313/I-31/460 dated

    08.11.1973 No.170 of 1973-74. The then Managing

    Committee has transferred the assets of the school registered

    Sarvodaya Sewa Sansthan. This society is running the school.

  • Point No.2.

    Rent of the shops constructed by the society was being

    deposited in the account of Sarvodaya Siksha Sansthan,

    Gosaiganj, Lucknow. Present Manager Shri Chander Shekhar

    Triveid has start depositing the rent of the shops constructed

    in the school in the account of Maintenance Fund No. 8822622

    from dated 16.06.2009. Directions should be issued earlier

    that rent for these shops be deposit in the maintenance

    account. Presently Managing Committee is removing the

    objections in the school.

    After the analysis of the reports made available by

    District School Inspector, Lucknow, Manager Shri Chander

    Shekhar Trivedi, Petitioner Shri Ashok Trivedi, it is clear that

    name of Sarvodaya Senior Secondary School, Gosainganj,

    was registered under Society Registration Act on 16.06.1960.

    Its registration number was 480/I-9879. Above society has

    execute agreement with the District Board, Lucknow, for

    renting the land, building, equipment, furniture of Junior High

    School, Gosainganj, Lucknow, at a monthly rent of Rs.10/- for

    a period of 10 years. Thereafter District Board has made

    registry of the above land Khasra No.483 area 14001 sq, Mtr.

    In the name of Rampal Trivedi through Sarvodaya Senior

    Secondary School, Gosainganj, Lucknow. Divisional Education

  • Director, Sixth Division, Lucknow, vide letter No.

    Ma.2/1508/74-75 dated 22 June 1974 has in reference to

    above, considered the proposal given by the Management

    committee of the school, changed name of Sarvodaya Inter

    College, Gosainganj, Luckow to Rampal Trivedi Inter College,

    Gosainganj, Luckno and also directed to make necessary

    changes in the office records. Manager Shri Chander Shekhar

    Trivedi has filed khatoni of year 391 Fasl No. 1383 in which

    land of Chand Sarai, Tehsil Mohanlalganj, was recorded in the

    name of Sarvodaya Second Secondary School, Gosainganj,

    Lucknow, Shri Ram Pal Trivedi, Manager. Similarly Khatoni

    No.1381 Fasal No.1383 of Village Mahgua, Tehsil

    Mohanlalganj, Lucknow was also recorded in the name of

    Manager, Sarvodaya Senior Secondary School. Khatoni of

    1376 fasal No.1378 of Village Mitauli Tehsil Mohanlalganj, was

    also recorded in the name of Sarvodaya Senior Secondary

    school Shri Rampal Trivedi, Manager. In Case No.67/50 year

    1976-77, vide letter dated 20.07.1976 of Shri Rampal Trivedi,

    Manager, Sarvodaya Senor Secondary School, Gosainganj,

    Lucknow, application was given for correction of documents

    under section 35150 of U.P. Land Revenue Act, in which name

    of Sarvodaya Senior Secondary School, Gosainganj, Lucknow

    was requested to change as Sarvodaya Sewa Sanstahn,

    Gosainganj, Lucknow. As per the above request, S.D.M.

  • Mohanlalganj, Lucknow, vide order dated 22.11.1976 has

    deleted the name of Sarvodaya Second Secondary School,

    Gosainganj, Lucknow and entered name of Sarvodays Sewa

    Sanstan Gosainganj, Lucknow.

    Thus it is clear that property of society Sarvodaya Senior

    Secondary School, Gosainganj, was transferred in the name

    of Sarvodaya Sewa Sansthan, Gosainganj, Lucknow, which

    registration was made on 08/11/1973 vide Registration No.

    6313/I-31407 No.1870 of 1973-74, by the order of the SDM,

    Mohanlalganj dated 22.11.1976. Above order was only passed

    for the correction of the documents. Mother society of the

    School is Sarvodaya Sewa Sanstahn, Gosainganj, Lucknow,

    and same is still operating the school. As per the renewal of

    the society produced by the Manager, society is renewed for

    five years on 24.03.2005. Therefore under section 16 D (2)

    first allegation made in the notice given to the Manager, is not

    proved after the analysis of the record made available by the

    Manager.

    On the land purchased by the Sarvodaya Senior

    Secondary school, Gosainganj, Lucknow, Society, earlier

    manager and father of the Petitioner Shri Ram Shankar

    Trivedi, has constructed the shops and since then the

    recovered rent is being deposited in the account of mother

  • society Sarvodaya Sewa Sansthan, Gosainganj, Lucknow,

    which is being used for the development work of the school.

    Above received rent/income is not being misused by the

    Manager. On the objection raised by the department Manager

    has started depositing the rent amount in the maintenance

    account of the school.

    Thus second allegation that rent for the shops

    constructed in the land of school is deposited in the account of

    society and being misappropriate by the Manager is found

    baseless. It could not be proved from the records that above

    shops are constructed at the land of the school.

    Thus from the above mentioned circumstances both the

    pointes mentioned in the show cause notice under section

    16D (2) of Secondary Education Act, 1921, are liable to be

    quash as per the clarification made by the Manager. Therefore

    on the basis of the averment and evidence placed by the

    Management, notice given under section 16 D (2) of

    Secondary Education Act, 1921 is dismissed and accordingly

    decided the case.

    Sd/- Krishan Mohan Tripathi

    Education Director (Sec.)

    Uttar Pradesh

    Endorsement No. S-1/Was/5317-23/ 2008-10 dated 27

    October 2009

  • Copy to the following for information and necessary action.

    1. Deputy Director Education (Secondary) Lucknow

    2. Registrar, Hon'ble High Court Lucknow Bench, Lucknow

    3. Divisional Joint Education Director, Lucknow

    4. District School Inspector, Lucknow

    5. Manager, Ramlal Trivedi Inter College, Gosainganj,

    Lucknow- registered

    6. Shri Ashok Trivedi son of Shri Rama Shankar Trivedi,

    resident of H. No. 08 Shastri Nagar, PO Rajender Nagar

    Lucknow, Registered

    7. Guard file

    Sd/- Krishan Mohan Tripathi

    Education Director (Sec.)

    Uttar Pradesh

    //TRUE COPY//

  • Statement under section 200 Cr.P.C.

    Stated on oath:

    Name: Sunil Kumar Awasthi, S/o Shri Suray Prasad Avasthi,

    Age 48 years, Occupation Teacher, Resident of Sector 4/565,

    Vikas Nagar, Lucknow, PS Vikas Nagar, District Lucknow.

    65 commercial shops are constructed in the school

    premises, which belongs to School Rampal Trivedi Inter

    College, Gosaiganj. Its market value is in worth crores of

    rupees from which monthly earning is Rs. 4 to 5 lakhs.

    Whereas in the revenue records ownership right is recorded in

    the name of State Government. The funded property of the

    school is belongs to State Government. Private account of the

    school is known in the name of School development fund.

    Officials of the school society are depositing the earning from

    these shops in the account of he Sarvodaya Sansthan and are

    using the same. Manager and Pradhanmantri of the School

    Management is Chander Shekhar Dwivedi. President of the

    School Shivratan Singh is also the president of Sarvodaya

    Sewa Sansthan. Deputy Manager of the school is Vibhuti

    Bhushan Pandey and Treasurer of the Sarvodaya Sewa

    Sansthan. Account of the Sarvodaya Sewa Sansthan is being

    operated with the joint signature of President, Pradhanmantri

  • Treasurer. Income from the shops of the school is being

    recovered by Head Clerk Shiv Shankar Dwivedi. This act is

    done under the supervision of Principal of the school and

    income from the same is not deposited in the account of state

    government and being misappropriated. Information was

    given at police station but no action has been take and hence

    complaint has been filed.

    Signed after reading.

    Sd/- 25.6.09

    //TRUE COPY//

  • Sunil Kumar Vs. Chandra Shekhar 156 (3)

    Shri Kaushal Kishor Mishr S/o Late Shri Lallan Prasad

    Mihtr, Age 62 years, Retired Teacher Rampal Trivedi Inter

    College, Sikshak Colony Sadapur, Karora, PS G. Ganj, Lucknow,

    stated on oath that

    65 shops constructed in the School. Out of them four

    shops was constructed in the year 1987 by Ex. Principal Shri

    Vibhuti Bhushan Pandey and rest 61 shops were constructed by

    Ex. Principal Shri Ram Kishor Mishr. In this regard I am not sure

    that earning from these 65 shops were not deposited in the

    relevant account of the school but was being deposited in the

    account of Sarvodaya Sewa Sansthan, whereas all the shops are

    constructed in the school premises and in the revenue records

    the same is mentioned as state property. Amount of the school

    is not deposit in the account of School shows serious financial

    irregularities. Prandhanmantri of the above Committee

    Chandershekhar Trivedi, President Shri Shiv Ratan Singh and

    Treasurer Shri Vibhuti Bhushan Pandey are responsible for this

    illegal and irregular works. Principal of the School with the help

    of head clerk is misappropriating the earned income. Since I was

    in regular service in the said school for 35 years and hence this

    is within my complete knowledge and truthfulness. Whatever is

    seen I have given the statement.

    Typed on my dictation

    Written by

    Sd/- Illegible 28.7.99 Sd/- illegible

    28.7.09 //TRUE COPY//

  • Shri Harinam Singh, Retired Teacher Rampal Inter

    College G.Ganj, Lucknow, S/o Late Shri Sher Singh, Resident

    of PS G. Ganj, Lucknow, state on oath:-

    65 shops are constructed in the land of Rampal Inter

    college, G. Ganj, out of them Ex. Principal Shri Vibhuti Pandey

    has constructed four 87 shops and thereafter Ex. Principal

    Shri Ram Kishor Mishtr has constructed 61 shops. Rent of

    these shops was deposited forged Sarvodaya Sewa Sansthan,

    whose office bearer are Pradhanmantri Shri Chander Shekhar

    Trivedi, President Shri Shiv Ratan Singh and Treasurer Shri

    Vibhuti Bhushan Pandey. These peoples should have to

    deposit the rent of the shops in the development fund of the

    school but by not depositing in the same they deposited the

    same in forged instruction and are taking its unlawful gain. It

    is co incident that Manager of the School Ram pal Trivedi

    Inter College and Pradhanmantri of forged institution are

    same. Hence Clerk of the School Shri Shiv Shankar Dwivdedi

    and Pradhanmantri are recovering rent from these shops. Due

    to these irregularities, on 3rd July, govt has dissolved the

    committee and Plenipotentiary controller has been appointed.

    Therefore it is prayed to this Court that appropriate legal

    action be taken.

    Typed on my dictation by the reader

    Sd/- Illegible 28.7.09

    Sd/- Illegible

    28.7.09 //TRUE COPY//

  • I, Dulare Lal Srivastava S/o Late Shri Sunder Lal,

    Engineer, District Council, Lucknow. I have been authorized

    by the District Council, Lucknow for executing this Sale deed

    for the building and Art class and community Hall of Junior

    High School, Goshaiganj, along with land khasra No.463 area

    14681 Sq. Mtr. Situated at Village Kariyani, Goshianganj,

    Pargana and Tehsil Mohanlalganj, District Lucknow. Today on

    15th June 1972, without any consideration I am writing this

    Sale deed in favour ofShri Ram Pal Trivedi S/o Shri Kanhaiya

    Lal Trivedi, Resident of Pahadnagar, Manager, Sarvodaya

    Inter College, Gosainganj, Lucknow.

    Vide Govt. order No.73713-71 dated 17 November 1971

    consent is given to Senior Secondary School Gosainganj to

    make payment of Rs.12865-00 and payment of this amount is

    made by the purchaser at Rs.2200-000, 1600-00 on 31.8.67,

    Rs.600-00 on 9.5.63 and Rs.10665-00 vide receipt No.

    3718963 dated 28.12.71 in the Council. Therefore this

    registry is made. This land and room Community Hall etc. is

    in the ownership right of the Council without partnership of

    others and is in possession of the same. This land is free from

    all changes and is free from all encumbrances is clear.

  • As per the Govt. order above building and land is written

    in the name of the Manager of Sarvodaya Utchhatar

    Madhyamik Vidyalaya, which boundary is mentioned herein

    below. Building and land along with all right and title,

    ownership right, whatever is with the Council in respect to the

    said property or will obtained in future, is sold for a total

    consideration of Rs.12865-00 half of which comes at Rs.6432-

    00 to Shri Ram Pal Trivedi son of Shri Kanhaiya Lal Trievedi

    Resident of Pahad Nagar, Manager, Sarvodaya Uttchhatar

    Madhyamik Vidyalaya, Gaosainganj, and possession of the

    sold property is handed over to the purchaser.

    From today purchaser became absolute owner of this

    land and now no one has any right to claim against the said

    property and nothing is remain due towards the purchaser for

    the said property. If anyone file any claim against the said

    property same shall be void on the basis of this deed. Now

    purchaser has right that to use and enjoy the said property at

    his own wish and he got all the ownership right. Purchaser

    may enter his name in the govt. records in the name of

    Uttachhtar Madhyamik Vidyalaya.

    Therefore this sale deed has been written so that it may

    be proved and take effect in time.

  • DETAILS OF BUILDING AND LAND BOUNDARY IS MENTIONED

    IN THE SITE PLAN AS UNDER

    East: Womens Hospital and quarter and family planning

    centre.

    East: Road Lucknow- Sultanpur Road

    North: Road, Lucknow Sultanpur Road, Primary School

    and Animal Hospital

    South: Road, Town Area, Gosainganj.

    This land is measuring 14681 Sq. Mtr. and is sold @ Rs.86/-

    per sq. mntr. In line 1 of the document District Council

    Lucknow is written above the line.

    Typed by

    Sd/- Illegible

    14.6.72

    //TRUE COPY//

  • 54/99 Section 7 Uttar Pradesh Educational Institutions

    (Prevention of Dissipation of Assets) Act, 1974

    Original/ Second/ Third Copy

    For Court/Complainant/office use

    FIRST INFORMATION REPORT

    Firs information report of a cognizable Crime Report under

    Section 154 Code of Criminal Procedure

    Police station: Wazir Ganj

    Sub-District: Sadar

    District: Lucknow

    No. 266/99 date and hour of occurrence: Date unknown

    Time Unknown

    Date and hour when reported

    Place of occurrence and

    distance and

    direction from Police Station

    Date of despatch of from police

    station

    14.7.99

    Time 22-00

    Following school

    of various district

    Lucknow

    Through post

    Note: A First Information must be authenticated by the

    signature, mark or thumb-impression of information and

    attested by the (Signature of the officer regarding it).

    Name and

    residence of information

    and

    complainant

    Name and

    residence of accused

    Brief

    description of

    offence

    with section

    Steps

    taken regarding

    investigati

    on of delay in

    Result of

    the case

  • and of

    property carried

    out, if

    any

    recording

    information

    Shri Amrit

    Prakash, Education

    Director (Secondary) Uttar Pradesh

    18 Park Road Lucknow

    1. Manager

    Khalsa Inter

    College Char Bagh Lucknow

    2. Manager,

    Kashishwar Inter College

    Mohanlal ganj,

    Lucknow

    3. Momtaj

    Inter College,

    Aminabaad Lucknow

    4. Ram Pal Trivedi

    Inter College, Gosaingan

    j Lucknow

    5. Manager Janta Inter College

    Alambagh Lucknow

    6. Ram

    Bharose

    Maiku Lal Inter

    College Bakshi

    7. Manager

    Bakshi Ka

    Talab Inter

    College Lucknow

    Manager

    of the college

    have constructed shops

    in the school

    premises and committe

    d offence under

    section 5 U.P. Education

    al Institutio

    ns (Prevention of

    Dissipation of

    Assets) Act, 1974

    On the basis

    of tehrir of the

    Complainant case has been

    registered and will be

    investigate by SI Ayodhya

    Prasad.

    After

    investigation

    First information be recorded on back side

  • Sd/- Illegible

    S.I 14.7.99

    Note: Signature of thumb impression of the informant

    should be taken at the end of the report

    COPY OF HINDI COMPLAINT OF COMPLAINANT

    Semi Official letter No.967/99-2000 Uttar Pradesh Govt.

    Amrit Prakash, Education Director (Secondary), Uttar

    Pradesh, 18 Park Road, Lucknow, Dated 14 July 1999, K.K.

    Gupta, J.V. N. Lucknow, Dear Sir, the fact came into light that

    following 8 Secondary Schools of the District Lucknow have

    violated the provisions of Uttar Pradesh Educational

    Institutions (Prevention of Dissipation of Assets) Act, 1974,

    and constructed commercial establishment/ shops in the

    School premises.

    1. Khalsa Inter College, Char Bagh, Lucknow (Then

    Manager).

    2. Kashishwar Inter College, Mohanlalganj, Lucknow

    3. Momtaj Inter College Aminabad, Lucknow

    4. Rampal Trivedi Inter College Gosainganj, Lucknow

    5. D.S.P. Inter College Lucknow

    6. Janta Inter College, Alambagh, Lucknow

    7. Ram Bharose Maiku Lal Inter College Teli Bagh Lucknow

  • 8. Bakshi Ka Talaab Iner College, Bakshi Ka Talaab

    Lucknow

    It is therefore you are prayed first information report be

    lodged against the managers of above 8 secondary schools.

    Letter of the Legislative council dated 17.7.99 is annexed.

    Sd/- English Amrit Prakash (Amrit Prakash) SO Wazirganj

    Registered Girish 14.7.99 SSP Kr. At Police Lucknow, G.P.

    Sharma Senor Superintendent of Police, Lucknow

    Note. I HM 364 Mange Lal certify that copy of the tehrir is

    mentioned word to word.

    SD/- 14.7.99

    //TRUE COPY//

  • IN THE COURT OF ADDL. CHIEF JUDICIAL MAGISTRATE

    SECOND COURT No.25, LUCKNOW

    MISC. APPLICATION No. OF 2008

    UNDER SECTION 156 (3) Cr.P.C.

    P.S. GOSAINGANJ, DISTRICT LUCKNOW

    Sunil Kumar Awasthi (Asst. Teacher) Rampal Trivedi Inter

    College, Gosainganj, PS Gosainganj, District Lucknow, R/o

    4/565, Vikas Nagar, PS Vikas Nagar, District Lucknow.

    .Applicant

    Versus

    1. Chandershekhar Trivedi (Pradhanmantri) Sarvodaya

    Sewa Sansthan, Gosainganj, Lucknow.

    2. Shivragan Singh (President) Sarvodaya Sewa

    Sansthaan, Gosaingaj, Lucknow

    3. Vibhuti Bhushan Pandey (Treasurer) Sarvodaya Sewa

    Sansthan, Gosainganj, Lucknow

    4. Principal, Ram Pal Trivedi Inter College, Gosainganj,

    Lucknow

    5. Clerk, Ram Pal Trivedi Inter College, Gosainganj,

    Lucknow.

    .Accused

    APPLICATION UNDER SECTION 156(3) Cr.P.C. FOR

    REGISTRATION OF CASE AND FOR

    INVESTIGATION

  • Sir,

    Above named applicant most respectfully submits as

    under:-

    1. That the applicant is working as a Assistant Teacher in

    Rampal Inter College, Gosainganj, District Gosainganj,

    District Lucknow.

    2. That 65 commercial shops has been constructed in the

    premises of Rampal Trivedi Inter College, Gosaingaj, its

    market value is in worth Crores of rupees from which

    monthly earnings is approx Rs.4-5 lakhs. Above income

    is being recovered by accused persons, functionaries of

    the Sarvodaya Sewa Sansthan, Gosainganj, Lucknow,

    Chander Shekhar Trivedi (Pradhanmantri), Shivratan

    Singh (President) Vibhuti Bhushan Pandey (Treasurer),

    and they are using the same. Whereas the land of the

    school premises in which 65 commercial shops are

    constructed, in the revenue records as per khatoni dated

    03.05.1972, 26.12.1995, 24.10.2005, ownership of the

    school is recorded in the name of State government.

    Sarvodaya Sewa Sansthan has no any property. Some

    members of the Committing running the school have

    constituted a society in the name of Sarvodaya Sewa

    Sansthan for grabbing the income being obtained from

    the school. Whereas College has its own account, which

    is known by the name of School Development Fund. The

    income from the college premises and college property

    should have to deposit in the account of college and

    accused persons have responsibility to deposit the same

    in the account. These people are the official bearers of

    the School Managing Committee. Thus accused persons

  • are not depositing the above amount in the fund of

    College/ State Government and in dishonestly and

    fraudulently by falsifying the records, are using the said

    amount. Some departmental employees are also

    involved with their act. If its investigation be made it will

    reveal financial embezzlement of state revenues and

    name of some more accused persons will expose. Thus

    above accused persons have committed offence

    punishable under section 409/420/467/468/471 IPC and

    is continuing to do so.

    3. That in the interest of School and the State Government,

    applicant has personally gave an application on

    14.07.2008 to SHO Gosainganj, for registration of the

    case, but case was register. Copy of the application

    dated 14.07.2008 is annexed as Annexure-1.

    4. That on 14.07.2008 an application was send through

    registered Post to Senior Superintendent of Police,

    Lucknow for registration of case. Copy of the above

    application dated 15.07.2008 along with postal receipt is

    annexed as Annexure-2.

    5. That till date police has not registered the case for the

    above crime nor taken any action. Whereas case is

    concerned to a huge revenue fraud and it is imminent

    necessary to lodge its first information report and start

    the investigation.

    6. That the letters relating to the above crime from which

    the above crime was exposed such as audit report of the

    school, information received by the applicant from Right

    to Information Report, balance sheet of Sarvodaya Sewa

  • Sansthan, rent receipt for the shops recovered by

    Sarvodaya Sewa Sansthan and copy of the Khatoni

    dated 03.05.1972, 26.12.1995 and 24.10.2005 are

    annexed as Annexure-3.

    PRAYER

    It is therefore prayed that SHO Gosainganj, be directed to

    register the case on the basis of the facts mentioned in the

    application and submit report to this Hon'ble Court.

    Lucknow

    Dated 25.07.2008

    Applicant Sd/- Sunil Kumar Awasthi (Asstt. Teacher)

    //TRUE COPY//

  • IN THE COURT OF ADDL CHIEF JUDICIAL MAGISTRATE ROOM

    NO. 26 LUCKNOW

    ORDER

    17.04.2010

    Applicant Sunil Kumar Awasthi, has filed an application

    under section 156 (3) Cr.P.C. for registration of case against

    the respondents Chander Shekhar Trivedi. On the above

    application of the applicant my Ld. Predecessor has, as per

    order dated 1.8.08 on above application, registered the case

    on the above application.

    Statement of the applicant in brief are as that he is

    working as a Assistant Teacher in Rampal Inter College,

    Gosainganj, District Gosainganj, District Lucknow. There are

    65 commercial shops constructed in the premises of Rampal

    Trivedi Inter College, Gosaingaj, its market value is in worth

    Crores of rupees from which monthly earnings is approx Rs.4-

    5 lakhs. Above income is being recovered by accused persons,

    functionaries of the Sarvodaya Sewa Sansthan, Gosainganj,

    Lucknow, Chander Shekhar Trivedi, Shivratan Singh, Vibhuti

    Bhushan Pandey, and they are using the same. Whereas the

    land of the school premises in which 65 commercial shops are

    constructed, in the revenue records as per khatoni dated

    03.05.1972, 26.12.1995, 24.10.2005, ownership of the school

  • is recorded in the name of State government. Sarvodaya

    Sewa Sansthan has no any property. Some members of the

    Committing running the school have constituted a society in

    the name of Sarvodaya Sewa Sansthan for grabbing the

    income being obtained from the school. Whereas College has

    its own account, which is known by the name of School

    Development Fund. The income from the college premises

    and college property should have to deposit in the account of

    college and accused persons have responsibility to deposit the

    same in the account. These people are the official bearers of

    the School Managing Committee. Thus accused persons are

    not depositing the above amount in the fund of College/ State

    Government and in dishonestly and fraudulently by falsifying

    the records, are using the said amount. Some departmental

    employees are also involved with their act. If its investigation

    be made it will reveal financial embezzlement of state

    revenues and name of some more accused persons will

    expose. On 14.07.08 in the interest of school and state an

    application was given for registration of case but case was not

    register.

    Complainant has recorded his statement under section

    200 Cr.P.C. and Kaushal Kumar Mishr as Witness No.1. and

    statement of Harinam Singh as Witness No.2.

  • From perusal of the file in my view it appears that the

    act of the accused persons Chander Shekhar Trivedi, Shiv

    Rattan Singh, Vibhuti Bhushan Pandey, Principal, Rampal

    Trivedi Inter College and Clerk, Ram Pal Trivedi Inter College

    comes within the ambit of offence punishable under section

    409, 420, 467, 468, 471 IPC. Accused persons are liable to be

    summoned for offences under section 409, 420, 467, 468,

    471 IPC.

    ORDER

    Accused persons Chander Shekhar, Trivedi, Shivratan

    Singh, Vibhuti Bhushan Pandey, Principal, Ram Pal Trivedi

    Inter College, Clerk, Rampal Trivedi Inter College, are

    summoned for offences under section 409, 420, 467, 468,

    471 IPC. Complaint be filed within 7 days, list of witnesses be

    file. Put up for appearance for 26.05.2010.

    SD/- Addl Chief Judicial Magistrate

    Room No. 26 Lucknow

    //TRUE COPY//

  • URGENT/IMMEDIATE

    Office: Assistant Director, Local Fund Audit Department, U.P.,

    Lucknow Division, Lucknow

    Letter No. Programm/Right to Information/0607

    Dated 8 December 06

    District Audit Officer, Lucknow

    Shri Sunil Kumar Awasti, Assistant Teacher, Rampal

    Trivedi Inter College, Gosainpur, Lucknow, resident of Sector

    4/565, Vikas Nagar, Lucknow, has sought information under

    Right to Information Act, 2005 from point 1 to 4, in which he

    sought audit report for the year 2001-2002 to 2004-06.

    Original is annexed for necessary action with the direction

    that necessary required action be taken in the said application

    within 7 days and ensure to inform the undersigned about the

    action taken.

    Enclosure As above Sd/-

    Original B.N.Ojha Assistant Director

    Endorsement No. Programm/Right to Information/06-07

    dated as above.

    Copy to: Shri Sunil Kumar Awasti, Assistant Teacher,

    Rampal Trivedi Inter College, Gosainpur, Lucknow, resident of

    Sector 4/565, Vikas Nagar, Lucknow, to the effect to kindly

    contact District Audit Officer, 95, Sanjay Gandhi Puram, Ram

    Adhaar Ka House Makaan, Lucknow, in this regard.

    Sd/- (B.S. Ojha) Assistant Director

    //TRUE COPY//

  • Telephone No. 0522/1453

    Office of the District Audit Officer, Local Fund Audit

    Department, Uttar Pradesh,

    No.1453 Dated 11.12.2006

    Sushil Kumar Awasthi.

    Your letter dated 6.12.06, for seeking supply of the

    certified copy of audit report for the year 2001-02 to 2004-05

    under Right to Information Act, 2005, in compliance of the

    same certified copy of the audit report from the year 2001-02

    to 2005-06, is being made available to you personally in the

    office in afternoon of 11.12.2006.

    Enclosure: As above Sd/- (Neeraj Kumar Gupta)

    District Audit Officer, Lucknow

    Endorsement No.

    Copy to: Assistant Director, Lucknow Division, Lucknow/

    Public Information Officer for information.

    Sd/- (Neeraj Kumar Gupta)

    District Audit Officer, Lucknow

    //TRUE COPY//

  • T-133

    Local Fund Audit Department, Uttar Pradesh, Allahabad

    Audit Report- Part-I

    Name of the Account: Ram Pal Trivedi College, Gosaiganj,

    Lucknow.

    Duration: 2001-2002 to 2003-2004

    Administration:

    During the above period, administration of the society

    was in the hands of following office bearers.

    Manager:- 1. Shri Ramesh Kumar Tripathi was the

    authorized controller of the society under

    District School Inspector 2001-2002

    2. Shri Chander Shekhar Trivedi remain at the

    post of Manager of the society from the year

    2002-03 to 2003-04

    Principal: 1. Shri Om Prakash Awasthi, held position as a

    Principal of the society in the financial year

    2001-02

    2. Shri Lal Ji Lal, worked as principal of the

    society from the year 2002-03 to 2003-04

  • Form of Audit. Details of the unsolved sub-audit:- As per

    Appendix-Ka

    Remarks: As per the details made available at the time of

    audit objections mentioned in the Appendix Ka, were

    disposed.

    Sd/- (Neeraj Kumar Gupta)

    District Audit Office, Lucknow

    //TRUE COPY//

  • T-133

    Local Fund Audit Department, Uttar Pradesh, Allahabad

    Audit Report - Part-II

    Name of account: Ram Pal Trivedi Inter College,

    Gosainganj, Lucknow

    Duration: 2001-02 to 2003-04

    Serious irregularities found in the audit.

    -zero-

    Sd/- (Neeraj Kumar Gupta) District Audit Officer, Lucknow

    //TRUE COPY//

  • T-133

    Local Fund Audit Department, Uttar Pradesh, Allahabad

    Audit Report - Part-III

    Name of account: Ram Pal Trivedi Inter College,

    Gosainganj, Lucknow

    Date of Audit: Audit started on 19.3.05 and ended on

    24.3.05

    1- Financial Status:

    During the period, as per the records placed by the

    society for audit financial position found as per the following

    appendix.

    Remarks:

    (I) In the details mentioned in the appendix, on 31 March

    04 while rectifying the differences in the rokahbadi remaining

    and remaining bank accounts clarify the position.

    (II) In the account of scholarship for Schedule Caste and

    Schedule Tribe procedure adopted for blocking huge amount

    in the bank account in the end of last years which was the

    sign of serious financial irregularities. So that in the end of

    the year proceeding for returning the remaining undistributed

    and scholarship amount to the Department of the State was

    required.

  • (III) Financial details is mentioned in Appendix (ga) and

    (Gha).

    2- Government grant-

    Certified that during the period society has used the

    sanctioned and following Govt. grant in the same purposes for

    which same was given. In the said use if a any provisions or

    restrictions are violate same are mentioned at the relevant

    place.

    Year Details of Grant Amount

    2001-2002 1- Salary Grant

    2- For honorarium to the

    subject specialist.

    67,50,309=20

    98,227=00

    _____________ 68,48,537=20

    2002-2003 1- Salary Grant

    2- For honorarium to the

    subject specialist.

    64,89,743=00

    62,52=00

    _____________ 65,52,163=00

    2003-2004 1- Salary Grant

    2- For honorarium to the

    subject specialist.

    3- Cheque amount

    received for income tax

    4- Cheque amount

    received for L.I.C.

    69,91,176=00

    59,440=00

    1,39,350=00

    2,84,258=00

    _____________ 74,74,258=00

    Remarks:

  • (I) Besides the above grants received by the society during

    the said period, no other Recurrent / non-recurrent grant

    received, should be confirm.

    (II) Details of Grant is mentioned at Appendix { }

    (III) Fixed portion of the determination fee income is

    transferred in the salary paid account.

    During the period the fixed portion of the fee income

    received by the society, has been transferred in the salary

    account.

    Year Details of Grant Amount

    2001-2002 1- 80% and 85% of the

    Fee Income

    2- Deposited vide challan in the

    Treasury

    18,869=00

    1,55,827=00

    _____________ 1,74,696=00

    _____________

    2002-2003 1- 80% and 85% of the

    Fee Income 2- Deposited vide

    challan in the

    Treasury

    11,356=00

    1,45,445=00 _____________

    1,58,801=00

    _____________

    2003-2004 1- 80% and 85% of the

    Fee Income 2- Deposited vide

    challan in the

    Treasury

    11,552=39

    69,643=00 _____________

    81,195=39

    _____________

    Remarks: In the year 2002-03 in the salary account of the

    additional salary of part of prescribed fee income, deduction

    was made for reminder cheque and reimbursement of the

  • amount, society has deposited 150/- in the salary account

    which has been adjusted in the income of Salary account.

    (II) Be certify that any amount of the fee income amount to

    be transferred in the salary account is not remain pending.

    4- As per the previous audit report after the maturity of the

    circulars of the appropriated fund in the reserved and

    endowment funds and their interest amount he deposit in the

    maintenance fund and original amounts of the circulars are

    further appropriated as under:-

    Sr.

    No.

    Type of appropriation Date of

    maturity

    Maturity

    value

    1. UCO Bank Kuber Deposit

    Scheme deposit receipt

    No.825948 dated 22.8.03,

    Rs.14,500/- appropriated @ 6%

    interest for 96 months

    22.8.2011 23,350/-

    2. Union Bank Amithi Term deposit

    Receipt No.2566548 dated

    1.12.03 for Rs.11,400/-

    appropriated @ 8.50% interest

    for 60 months

    5.2.2007 17,360/-

    3. United Bank Amithi Term

    deposit Receipt No.2566547

    dated 5.4.03 appropriated @

    7.50% interest for 60 months

    5.2.2008 Unknown

    Remarks:

  • As per the previous audit report, on withdrawing the

    appropriated amount of Rs.14,500/-, interest amount of

    Rs.11,215=00 and joint interest of the appropriated amount

    of Rs.11,400/- and Rs.5,000/- of Rs.7,104/- is shown

    deposited in the maintenance fund respectively on 11.9.03

    and 1.12.03 and was deposited in the bank account and same

    has been verified in the present audit.

    (2) Details of the grant is mentioned in Appendix (gan).

    5- In the event of not making the physical annual

    verification of the entries made in the Stores register of the

    sustainable materials/ (properties) from the competent

    officer, there is every possibility of their misuse/

    embezzlement:- Entries of the sustainable material/

    immovable property etc. such as furniture, electricity

    equipment computer, television, land building, shop etc. be

    made in the permanent register and society head has the

    individual responsibility for its annual physical verification,

    which the society has not discharged. It appears. As such

    there are possibilities for misuse or embezzlement of the

    permanent materials of the society.

    It is expected from the higher officials of the society that

    they should made the physical verification of the permanent

  • materials from the competent authority and it would be the

    financial interest of the society to get certificate to this effect

    on the registration.

    Therefore above proceeding be complete in the above

    manner and ensured to record position at the time of the

    further audit.

    6- The fund of the institution is unnecessarily blocked in

    the bank accounts by the institution.

    It has been seen in the audit that no transaction is made

    in the Scholarship Account No. (specification) Union Bank

    Amethi account No.290003 Maintenance Account UCO Bank

    Aminabad Account No. 987, Development Account UCO Bank

    Account No.4451 and salary account with Zila Sahkari Bank,

    Gosainganj, Account No. unknown, from the last many years.

    Thus unnecessary blocking the fund of the society in the bank

    account was also sign of serious irregularity. By not operating

    the accounts unnecessarily deduction was being made as a

    service charges by the bank, which was clear case of causing

    financial loss to the society.

    Therefore it is expected from the society head to

    immediately stop such type of unnecessary bank account and

    deposit the rest amount in the society fund and clear the

  • position at the time of verification and audit and return the

    govt. fund.

    7- Without obtaining the sanction from the competent of

    the Education Department the land property of the school, by

    fits and starts remove from the school and transferred in the

    unregistered institution, causing huge loss to the school.

    Clear directions has been given in the section 5 of Uttar

    Pradesh Educational Institutions (Prevention of Dissipation of

    Assets) Act, 1974, that from the date of enforcing of this Act,

    management committee of the every institution shall have to

    handover the list of the property to education director. It was

    provided in section 5 of the above act that property of the

    school of institution, obtained without the permission of the

    education director (not based on the interest of the

    institution) cannot be transferred.

    After the enforcement of the above act, it appears that

    the then Managing committee of the school, has not complied

    section 3 of the above Act. If compliance is made then the

    factual status is not informed in the audit. It should be clear

    at the time of further audit.

    Above Act is enforced for the audit of the institutions

    from the year 1974-75 and from the date of initiation it has

  • been mentioned in the audit report that property of the

    institution is removed from the name of school and

    transferred in the name of Sarvodaya Sewa Sansthaan. It

    came to know from the government orders received from the

    concerned govt. and information and audit reports and

    reserved letters of the maintained site that the court of the

    Sub Divisional Officer, Mohanlal Ganj, Lucknow, vide order

    and judgment in the case Sarvodaya Sewa Sansthan vs.

    Sarvodaya Inter College, Gosainganj, Lucknow case No.67/50

    year 1976-77 for correction of documents, (under section

    33/39 Uttar Pradesh Land Revenue Act, on the basis of the

    application of Shri Ramlal Trivedi Manager Sarvodaya

    Sansthan Gosainganj, Lucknow dated 20.7.76, Sub Divisional

    Officer, Mohanlal Ganj has, vide orderdeleted the name of the

    Manager of Sarvodaya U.M. Vidyalaya Gosainganj, Luckow

    from the property situated at Village Sadarpur Karora,

    Khatoni No.109, Koriyani Khatoni No.23, and Bhigoti Adampur

    Khatoni No.237, and entered name of Sarvodaya Sewa

    Sansthan, Gosaiganj, Lucknow.

    Remarks. After the enforcement of Uttar Pradesh Educational

    Institutions (Prevention of Dissipation of Assets) Act, 1974, as

    per section 3 of the Act, list of entire permanent property of

    the institution should have to be made available to the

  • Educational Director ( Secondary Education). Society has not

    complied with the same. If complied they not ensured to

    mention the same in at the time of audit report. Factual

    status be apprised.

    (2) As per the provisions of section 5 of the above Act, if

    transfer of the immovable property was necessary in the

    interest of the school in favour of other institution, then

    without getting its permission from the educational

    department, its transfer was irregular.

    (3) As per reserved file spot letter received from the

    maintained govt. information, orders, transfer of the property

    of the school has made in the year 1976 in favour of the

    institution, whereas institution Sarvodaya Sewa Sansthan

    Gosainganj, Lucknow has no legal existence. Sarvodaya Sewa

    Sansthan Gosainganj, Lucknow was first registered under

    Society Registration (Act No. 21, 1860) Society 18708 (B) File

    n. 7-I-66060 dated 28.3.1860, Vide certificate No. 7424-

    1980-81 on 24.3.81. As such legal existence of the Sarvodaya

    Sewa Sansthan Gosaingaj, Lucknow was made much prior to

    23.4.1981 in November 1976 and hence there was no

    justification for the transfer of immovable property in favour

    of the non-existence institution Sarvodaya Sewa Sansthan.

  • Why such act was done and what was the intention, be

    clarify.

    8- Rent received from the shops constructed at the; and in

    the school (premises) is not deposited in the school fund and

    huge amount is misused from the last many years and not

    taken any action.

    Local Fund Audit Department, Uttar Pradesh, Allahabad,

    is constantly conducting the audit of the school from the year

    1974-75, in which at end objection is being raised that if any

    income is not obtained from the land building by the society

    and if obtained then at least this amount is not deposit in the

    school fund and concerned records are not produced in the

    audit for verification. For its redressal , after the review of the

    maintained letters ( Departmental and government and other

    received letters and file)it found that Gram Sabha Koriyani

    situated at Gosainganj, given the land for operating the

    school , at old Gata No. 463 Area 8-14-7 Category 9-2

    (presently gata No.475. As has been mentioned in the order

    and judgment in Case No.14/99-2000 Ram Pal Inter College

    through Manager Sarvodaya Sewa Sansthan vs. Gram Sabha

    Koriyani, U/s 33/39, before Land Revenue Officer , b the

    Deputy Collector, Mohanlal Ganj on 18.12.1999.

  • It is clear mention in the judgment of the Deputy

    collector that school is running in the referred land in the suit,

    which as per the report of the Tehsildar, its ownership is

    recorded in the name of the School in Govt. records.

    Sarvodaya Sewa Samiti Gosainganj, Luckow, has filed case

    for removing the name, in which is recorded in the name of

    school, and for transfer in the name of Sarvodaya Sewa

    Samiti, Gosainganj, Lucknow, and vide judgment it was clear

    that it is not possible to transfer the building (premises) of

    the school.

    In the light of same further Sarvodaya Samiti,

    Gosainganj, Lucknow has applied for recording its name in the

    land (premises) of school before the Court, and court has

    accordingly dismissed the application.

    Here it is clear from the review of the documents that

    building (premises) of the school, is still not vested with

    Sarvodaya Sewa Samiti, Gosainganj, Lukcnow but is vested in

    the name of School and its ownership is also recorded in the

    name of school.

    It is the view of Audit that the rent from the

    building/shops constructed on the land of school and the

  • income obtained from other uses, should be directly deposit in

    the School fund and should invest in the development work.

    Remarks.

    1- After the decision of dispute of land (premises) of

    school, he income being obtained from these constructed

    building/shops, be deposited in the account of the School and

    also maintain the concerned audit records and the details of

    rent/income obtained earlier be clarify in the forthcoming

    audit.

    2- Allotment of the shops and prescribed rent and

    agreement made with the allottees and the concerned files be

    necessarily made available in the forthcoming audit.

    9- Not producing the record of Account for the use of

    Agriculture land/firm of the Institution and the income

    obtained from the same in the audit.

    Secretary, Secondary School Board, Uttar Pradesh,

    Allahabad, vide letter IB/Madhyamik 2043 dated 5 June 1965,

    has given Agriculture reorganization to the School, which was

    provided on 1 July 1966 permanently for High Highly under

    certain terms and conditions vide Letter of the J.V. Inspector

    No. CC/2017/(4)-66-67 dated 15 April 1967.

  • According to Uttar Pradesh Education Act, for the

    recognition of Agriculture category, it was necessary that

    institution should have at least 3 Acre agriculture Land.

    objection have been raised from the last many years to the

    institution that institution has not made available the account

    of the income obtained from the agriculture land/farm in the

    audit, which is a serious irregularity.

    Therefore it is expected from the higher officials that the

    income obtained from the agriculture form be necessarily

    made available in forthcoming audit for necessary verification

    otherwise case for misappropriation of the school property

    can be made out for which higher level action shall be

    required.

    10- Not producing the immovable property register of land

    building etc. in the audit.

    Details of the properties, building, shops etc. immovable

    properties are not produced at the time of audit and hence

    variation of the income obtained from the same could not be

    done. In this regard accounts of the earnings from the

    properties be made available in the forthcoming audit

    11- Possibilities for economic loss to the institution for not

    making annual physical verification of the books of library.

  • It has been observed in the verification of the library

    accounts of the society that in the last many years annual

    verification of the books is not made from the competent

    officer nor certificate to this effect was issued. It was a

    serious financial irregularity. Therefore year wise physical

    verification of all the books be made from the competent

    officer and made available certificate to this effect in the

    records and shown in the forthcoming audit.

    12- Books issued from the Library are not returned after the

    lapse of quite long time and in absence of the proper action

    for returning of the same, cause financial loss to the society.

    It has been observed in the audit that in the book

    issuing register of the library for year 1972-73, the books

    issued are not recovered as return. It appears that no proper

    action has been taken in the said case, nor any record is

    placed in the audit. It is clear from such procedure that

    concerned personnel has not placed in the administration nor

    such action was taken. Therefore consequently books were

    not returned and its cost was not recovered which cause huge

    financial loss to the institution.

  • Attention of the head of institution is draw towards the

    case and it is expected from him to prepare list of the books

    and action be taken for its returning and recovery of the cost.

    13- For misplacing the books issued from the library, its

    cost was not recovered / not deposited in the treasury and

    hence apprehension for misuse/embezzlement of the amount

    (Rs.2,298=00)

    It has been observed during the audit of the file, that in

    the event of not returning the books, concerned personnel

    has obtained the cost and issued no dues certificate. But no

    record was maintained for the received amount. Thus register

    for the no dues certificate be maintained and receipt be issue

    from the institution for the relieved amount and passbook be

    shown for the deposit amount and receipt. If institution is

    failed to do so then it is the clear apprehension for misuse/

    embezzlement of the amount. On the basis of the no dues

    certificate produced in the file, details of the obtained amount

    is shown as under, and there is no record showing its deposit

    and hence doubtful position arose, be confirm its deposit.

    Date Received amount

    26-6-1999 97=74

    26-2-2001 36=83

    30-5-2001 218=35

  • 1-7-2001 108=75

    14-7-2002 568=34

    Received from Mohd Ibrahim 42-80

    Received from Mishri Lal 36=00

    12-4-2003 699=57

    3-11-2003 779=00

    12-2-2004 147-58

    23-2-2004 264=00

    Total 2,298=16

    Audit Report Part-III is zero

    Place: Lucknow

    Dated 31/3/2005

    Siya Ram Singh

    Senior Audit Examiner

    Sd/- (NEERAJ KUMAR GUPTA)

    District Audit Officer, Lucknow

    //TRUE COPY//

  • APPENDIX (KHA)

    Referred to Audit Report- Part II

    Details of the disposed objections of Ram Pal Trivedi Inter

    College, Gosainpur, Lucknow

    Audit

    year

    Disposed Artile Total

    number of disposed

    objections

    1974-75 to

    1975-76

    3 T (1) (2) (3) (4) (Ka) (Kha), (6)

    (ka) (kha) (ga)

    09

    1976-77 3, 3T, 7, 8 (ka) (kha). 05

    1977-78 3T, (1), 2, 3 (A), 6T (1)