TaxTMI 
TaxTMI 
2016 (10) TMI 10
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.... or direction in the nature of mandamus directing the Opposite Parties No.7 and 8 to carry out an enquiry into the misdeeds of the Opposite Parties Nos. 5 and 6, in terms of the recommendation of the Opposite Party No.4. iii) Issue any other writ, order or direction as may be deem fit and proper by this Hon'ble Court for giving just, proper and effective relief to the petitioner. iv) Award the costs of the writ petition to the petitioner. 4. The Lokayukta had submitted the said report under the Provisions of Section 12 (3) of the U.P. Lokayukta and Up-Lokayuktas Act, 1975 to the Competent Authority for taking necessary action. The report was the outcome of the complaint made by one Shri Jagdish Narain Shukla against Smt. Husna Siddiqui, Member of Legislative Council and Sri Naseemuddin Siddiqui, the then Cabinet Minister in U.P., respondent no.6 and 5 respectively. After due enquiry the Lokayukta arrived at the following conclusion as noted in the aforesaid report: "On the basis of the prima facie evidences collected in the course of investigation, I reach the conclusion that the delinquent public servants had purchased land worth Rs. 16,39,99,227/- (as per the market val....
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....n village Ladkapurwa, Pargana-Tehsil-Dist. Banda was purchased by Smt. Akrami Begum wife of Sri Jamiruddin Siddiqui, Smt. Arshi Siddiqui, daughter-in-law of Sri Jamiruddin Siddiqui, Smt. Arshi Siddiqui, daughter-in-law of Sri Jamiruddin Siddiqui and Smt. Upma Gupta wife of Sri Krishna Chandra Gupta, an Engineer in Nirman Nigam in the year 2008. The investigating agency should make inquiries to find out the actual sale consideration involved in the aforesaid transaction and what was the source of income for payment of the said cost. 5. Investigation should be conducted to find out the source of income which was used for buying the entire land in village Bachhrau, Tehsil Dhanaura, Dist. Jyotibaphule Nagar for setting up A.Q. Frozen Food Private Limited and raising building, etc. for the unit. It is also to be investigated as to who all have invested their money in the land and building of the Unit and what is their source of income. 70. In view of the foregoing analysis, I recommend that:- 1. The task of conducting investigation on the aforementioned points should be entrusted to a Central Investigating Agency viz. Central Bureau of Investigation or the Enforcement Directora....
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....ted 10th July, 2013. 8. The respondent no.8 Directorate of Enforcement caused to file affidavit of Gurinder Singh Chawla, Deputy Director, Directorate of Enforcement, Department of Revenue, Ministry of Finance Government of India, New Delhi dated 4th March, 2015, stating that the Director of Enforcement has been mandated to investigate contraventions relating to Foreign Exchange Management Act, 1999 and offences of money laundering under Prevention of Money Laundering Act, 2002. Further, it had no authority whatsoever, to cause investigation in respect of offences under the Prevention of Corruption Act, 1988 which ought to be investigated by the appropriate enforcement agency, namely, Central Bureau of Investigation or by State police. This affidavit also mentions that FIR No.385 of 2013 dated 6th July, 2013 registered at Police Station Kotwali Nagar, Banda, U.P., for offences punishable under Section 13 (1) (e) read with Section 13(2) of the Prevention of Corruption Act, 1988 against respondent no.5 and an ECIR/LKZO/03/2014 has been registered Lucknow Zonal Office for offence of money laundering under the Prevention of Money Laundering Act, 2002. The affidavit also mentions that ....
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....stablishment on the complaint of one-Mr. Ashish Sagar. It is submitted that the allegations contained in the said complaint are similar to the ones made in the report submitted by the Lokayukta. Mr. Mehrotra does not have any instruction as to the progress made in connection with the said FIR also. He may, therefore, file a status report not only in regard to the reference made by the State Government to the Vigilance establishment, pursuant to the Lokayukta report, but also as regards the progress made in FIR No.385/2013 by the police station concerned. Mr. Mehrotra also to take instruction whether any FIR has been registered against respondents No.5 and 6 in any other police station and if so the progress made in those FIRs. In addition, Mr. Mehrotra will take instruction and state whether the State Government proposes to make a reference to the 3 enforcement directorate as recommended by the Lokayukta in his report, in case such a reference is not already made. Mr. P.K. Mullick, learned counsel for the Enforcement Directorate, submits that Enforcement Directorate has registered ECIR on the basis of FIR No.385/2013 but no enquiry has been instituted nor any reference made to the ....
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....d after comprehensive consideration, after taking cognizance of all the facts mentioned in the aforesaid representations/affidavits in relation to the open enquiry conducted by the Vigilance Establishment, it was found justifiable to get a factual report in regard thereto, after carefully examining/scrutinizing the documents enclosed with the said representations/affidavits. In this view of the matter as aforestated, the State Government vide D.O. letter no. VIP/36/39-4-15-50H (2)/2013 dated 26.2.2016, has directed the Vigilance Establishment to submit a factual report in regard thereto after enquiring into the matter in detail. Current status of the enquiry 5. That, it has been informed by the U.P. Vigilance Establishment that for the purpose of verification of documents in the enquiry, the revenue records in the districts of Lucknow, Barabanki, Banda and Jyotiba Phule Nagar and records of related offices as well as records of different banks, and verification/examination of the concerned bank accounts, has to be done. Moreover, the 11 representations and 8 affidavits (totaling 55 pages) submitted by Smt. Husna Siddiqui and members of her family, as well as documents enclose....
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....Establishment vide letter dated 29.7.2015 submitted its investigation report to the State Government. In the meanwhile, Sri Naseemuddin Siddiqui and his family members preferred several representations in relation to the said investigation, on 31.7.2015, 6.8.2015, 14.8.2015, 17.8.2015, 18.8.2015, 19.8.2015, 20.8.2015, 21.8.2015, 28.8.2015, 4.9.2015, 10.9.2015, 14.9.2015 and 31.1.2016, to the State Government, wherein several important issues were raised in regard to the investigation report. It is further stated that the investigation report submitted by the Vigilance Establishment, and the representations/affidavits preferred by Sri Naseemudin Siddiqui and his family members, were comprehensively examined by the State Government, and after due consideration, it was considered appropriate to get a factual report in relation to the said investigation, in regard almost 14 representations and 8 affidavits (total 80 pages) and its enclosures (total 1371 pages) submitted on different dates by Sri Naseemuddin Siddiqui and his family members. It was directed that factual report be made available after getting examined by the Vigilance Establishment, the fact of income and expenditur....
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....ubmitted to the State Government. IV. Proceedings before Enforcement directorate 9. That, in this regard the Vigilance Establishment has informed that with reference to letter dated 29.1.2014 by the Enforcement directorate, Government of India, requiring information and documents, by letter dated 31.1.2014, a copy of the First Information Report (Case Crime no.407/13), has been sent to the Joint Director, Enforcement Directorate, Government of India, 16 Ashok Marg, Lucknow." 13. Today, when the matter was taken up for further hearing, counsel appearing for the State Authorities as well as Union of India submitted that the enquiries against respondent nos.5 and 6 are in progress and effort is being made to conclude the same in right earnest. A chart of the status of those enquiries against respondent no.5 and 6 has been furnished during the hearing, which reads thus: Summary of Status Report in SLP (C) No.31025/13 Complaint of JN Shukla Complaint of Ashish Sagar Dixit FIR regarding Parks/Monuments Lokayukta Establishment Report no.03-2012 dt.22.2.2012 against Smt. Husna & Sri Naseemuddin Siddiqui Report no.05-2012 dt. 24.8.2012 against Sri Naseem....