Audit Report in a Crime of Forgery with Government
Dr Shahid Nadeem
(Querist) 26 February 2017
This query is : Resolved
Respected Experts...I have lodged a FIR under section 420, 465, 167, 471 & 34 of IPC , in the matter of a Crime involving making of illegal appointments of seven teachers in a Government Aided private school by making ante dated forged Documents and withdrawing money from the Government grants .....Teachers, Head master and education official are also one of the accused who did this forgery despite there was a ban from state Government to the recruitment of teachers without following mandatary provisions as lead down by law. But while doing a pelimanry inquiry and investigating the matter police came to know that AUDIT of the said Government recognised private school is not done since year 2009 by Government Auditor, which should have been done yearly by Government Auditor...But I have supplied Police monthly salary Bills of those teachers regarding withdraw of payment which I got under RTI from Pay Unit Department of Education Office....Now my query is that, Police is saying that they can't do anything or frame charge sheet without Audit report as per some case law of Hon'ble Supreme court of India...and also they are saying that, why I made police complaint because it's a fraud of Education Department then higher Officer from education office should have made FIR...... These Two stands from the Police department are sustainable in law .....Is Audit report is mandatory to frame charge sheet failing which the accused will be realeasd by COURT despite we are having their monthly salary bills paid to them Since two years and a prima facie strong case of fraud and Forgery???? Is there anything or such case law from Hon'ble Supreme court of India Regardind Audit report and fraud crime ......
Respected Experts.....What should I do in this condition?????... Please suggest....
Regards
Dr Shahid Nadeem
(Querist) 26 February 2017
Writ of mandamus for getting directions to get Audit of school to be done by Government Auditor????
Guest
(Expert) 26 February 2017
Dr. Shahid Nadeem,
In what capacity you could file an FIR?
Moreover, monthly salary bills can be the proof of drawal of amount, but not of fraud unless proved so during any departmental investigation to have been drawn without the amount being due to be paid.
Audit report has nothing to do with investigation of fraud, as neither all frauds can be expected to come to light during audit, nor it is necessary to do investigation merely with reference to the audit report. A fraudulent transaction can be investigated any time without the help of any audit report, even before or after the conduct of audit, even when not reported in the audit report.
Guest
(Expert) 26 February 2017
Yogen Kakde ji,
Thanks for agreeing with me.
Dr Shahid Nadeem
(Querist) 26 February 2017
Respected P.S.Dhingra sir....
I have complaint regarding the matter in the capacity of newly elected member and President of the said Trust which runs These Government Aided private schools, I came in the administration of the said Trust in the year 2016 as per the directions of Hon'ble Supreme court of India.... I have asked certain information from the said schools Under RTI in 2014, which they didn't supply to me even after the order of Cheif Information COMMISSIONER to supply the same....then I reached to Hon'ble Lokayukta regarding non compliance of orders of CIC and not providing relevant documents under RTI by school and education department officials...then in the Inquiry report on order of Lokayukta which is done by Education Department Officers, we came to know that Ex president has shown some seven illegal appointments of his blood relatives since 2014, inspite of Ban on the recruitment of new teachers by state Government since 2012, without prior permission and without following mandatary provisions of law "Hand in Gloves" with then Suspended In charge Education Officer... These seven teachers were not at all physically present in the school for these 4 years ...then Education Officer hold hearing and cancelled all seven illegal appointments... In this hearing said alleged employees and ex President submitted some ante dated Documents that these seven teachers were working in the said School since 2012, these Documents were not present at the time of inquiry after the order of Lokayukta .. Against this we have Documentary evidence and many more witness like students and people from Town that such teachers were not there from 2012 to 2016 ..... Actually when enquiry from Lokayukta came in May 2016, they started to come in the school from June 2016......I collected all Government resolutions and other 22 relevant Documentary evidence then loged FIR .......One alleged member and ex President of the said society was continue to do the illegal activities like engulfing Government grants, appointment of his Kith and Keens without following mandatary provisions of law, mid day meal corruption in schools..All such illegal activities done by him on the basis of Muscle power by suppressing voice of other members and even without their consent and signatures...He has shown some induction of newly enrolled members and the dispute regarding administration of the said Trust went upto Hon'ble Supreme court of India in 2014...after rejecting the case of alleged ex President Supreme COURT directed society to hold fresh election by inducting new members for future management of the said Trust......Now we are looking after the affairs of the said Trust....
Respected Sir...We came to know regarding illegal appointments in May 2016..I become president in the July 2016..And how it will affect the FIR, that under what capacity I have made FIR as any Indian citizen when came to knowledge of a Crime can register a complaint.....
Waiting for your valuable suggestions amd guidilines sir... Please guide us to get to meet the end of justice and fighting corruption in the public trust by such alleged people and Government officials......
Regards...
Guest
(Expert) 27 February 2017
Dear Dr. Shahid Nazeem,
Although things have become much clear through your clarification. But still, in the whole story you have nowhere mentioned against whom FIR has been lodged, against the trust executives or the education department officials or against both.
Please clarify on this point also.
Dr Shahid Nadeem
(Querist) 27 February 2017
FIR is lodged against seven So called illegally appointed teachers, ex President who issued back dated appointment Order, the Head master and Clerk who prepared these ante dated Documents in there own hand writing and then Suspended education officer who issued Approval to these appointments despite of ban from state Government...
Guest
(Expert) 27 February 2017
Dear Dr. Shahid Nadeem,
As a President of the Trust, your FIR against the Executives/ staff of your your own Trust/school was quite justified, but not against the Education Officer, as only the departmental authorities were competent to lodge FIR against their Education Officer after due departmental investigation about irregularities on his part, if made deliberately. Suspension of the Education Officer does not necessarily mean his involvement, as suspension is resorted to ensure that the suspect should not try to tamper with any evidence, while on duty. It would have been better for you had you made ready the departmental authorities to lodge FIR after convincing them, instead of yourself.
However, even on your FIR, the police was not justified in saying that they can't do anything or frame charge sheet without Audit report. Their investigation should be independent of the audit report, not based merely on the audit report, when there is a prima facie case of fraud of drawl of funds on fake appointment of teachers. They cannot also take shelter to some case law of Hon'ble Supreme court of India in some other case, unless that ruling has been made mandatory for the police to follow in all such cases. Apparently, something may be cooking behind the scene to hush up the case at he behest of some influential party.
So, if they have come with such a lame excuse, you may approach the higher authorities at Police HQ or the Lokaykta to get the case expedited, provided you are sure about the fraudulent transactions and have sufficient proof in hand also.
Dr Shahid Nadeem
(Querist) 27 February 2017
Thanks a lot sir for your valuable suggestions and time....We have consistently requested in written to all the concerned higher authorities of education department to take criminal actions against such alleged people, there are some Government resolutions also to take disciplinary as well as criminal actions against the Education Officer who has given approval to the so called Appointments after 2012 all over the MAHARASHTRA state, but nothing is done in that respect....We are having sufficient proof against all of the accused that those persons were not at all the part of our said educational institution since 2012 to 2016...
I will follow your valuable suggestions to get the matter to the Higher authorities and get media coverage also regarding the same..
Thanks a lot sir...
Guest
(Expert) 27 February 2017
I don't understand, why you insist for criminal action against the Education Officer, unless his involvement in fraud is proved during a long drawn investigation process of the department. Mere approval to the appointments cannot be termed as his involvement, unless he is party to such fraud. More so, any Government order banning recruitment is valid only for Government departments and cannot be imposed on private organizations, unless specifically mentioned so in some separate orders that are not meant for Government offices.
You should know that the actions of Government departments are not regulated or driven by the wishes of private individuals. There is a specific process of investigation in to the frauds by public servants.
Si, it may be better for you to restrict your activities pertaining to your own Trust or school, lest that be treated as causing undue hindrance in the functioning of the Government department.
Dr Shahid Nadeem
(Querist) 27 February 2017
Respected Experts...
There was specifically ban on recruitment in the private school by Government since 2012. Also there is gross violation of mandatory provisions of recruitment as per GR and MEPS act 1977 ..... In the year 2014 Government had issued a GR in which a committee of four Officers has been formed for giving prior permission, permission for advertisement and grant of Approval to the any new employee in any private school only if the committee satisfied that all the mandatary provisions are duly complied and no excess teacher is available in all over the state of that particular subject...
Though the committee of four Officers was authorized to do the recruitment related procedure and grant approval but a lower cadre Deputy Education Officer when came in charge as Education Officer for some months, he issued overall 150 plus illegal Approvals which were all cancelled by Permanent Education Officer and higher Authorities and then Education Officer is suspended for the same...
Rejection of all other Approvals granted by then EO all over the District was also upheld by Hon'ble Bomabay High court , Nagpur bench...
By granting illegal Approvals to the so called Appointments by then EO despite of knowledge that he is not having any power to issue the same, Lacs of payment is withdrawn from Public Revenue by Such alleged so called teachers and there is a fraud played by all of them with the Government...If then EO had not issued such illegal Approvals to so called Appointments by violating GR then there could not be Withdrawl of payment from Government funds..
These higher educational authorities set a commission and departmenal enquiry on such corrupt Government officials and set them free by imposing minor punishment like demotion and not giving any major punishment.
Respected sir..This issue is not only related to our school only, there is thousands of illegalities committed by number of Education Officers all over the state since many years and the real motives of imparting Quality education has become a mere dream in Such Government Aided private schools ..And also the candidates who are even can't able to write an essay are becoming teachers in the shadow of Curroption by such alleged Trustees and Such curropt Government officials.... These can't be termed as mere negligence while exercising there official duties despite these things are done with malafied intentions and are well organised crime done with ulterior motive to feather there own nest in the cost of Public Revenue...
I will go to any further stage which is permissible in accordance with law in the interest of justice and in the interest of Public trust with the help of Such a great team of experts like you sir..
Thanks a lot...
Dr Shahid Nadeem
(Querist) 27 February 2017
If such type of appointments has been done in MPSC or UPSC or any other Government Department of which all the recruitment process was done by Staff Selection Commission then what would be the reaction from all the citizens, Government and state vigilance committee...
Respected Experts..In the matter of private school From District education officer to Divisional Deputy Director of education and chain upto Director of education Pune and Mantralay Desk Officers all are inter connected with Each other and without every ring there is no possibility of forming a chain.....
Please do the needful as I required all ur suggestions and expert advice on every step of this mission....
Regards
Sudhir Kumar, Advocate
(Expert) 28 February 2017
If you are convinced that :-
(i) some illegality has been done.
(iii) Illegality warrants action by those deptts who you have complained?
(iv) deptt is not taking action.
the file writ mandamus before concerned High Court.
