“Appropriation Act is not the answer in matters where siphoning of funds take place in this manner,” remarked Chief Justice of India T S Thakur while hearing the legality of government funds amounting to around Rs 100 crores to Chaudhary Charan Singh College in Etawah.
The remark was made after Senior Advocate Siddharth Luthra, representing Chief Secretary, stated that the sanction to allocate funds was duly accorded by Legislature.
Initially Rs. 34 crores were diverted from contingency fund to the college whose governing body had members including Mulayam Singh Yadav, Ramgopal Yadav, Shivpal Yadav and Akhilesh Yadav at the time of filing the petition.
CJI also asked advocate Gaurav Bhatia, who was appearing on behalf of the Yadavs, “Should we give the management of college to some other person of impeccable integrity?”
State of Uttar Pradesh has been asked to file additional affidavit regarding audit and objections in establishing the college. Bhatia sought four weeks’ time for filing counter affidavit on behalf of Respondent No 4 and 5 i.e. Mulayam Singh Yadav the then Chief Minister and Shivpal Singh Yadav the then PWD Minister at the relevant time. The Bench initially declined as the matter has been pending in the Supreme Court for around 11 years since the notice was issued in 2005. However Bench agreed to Bhatia’s request and granted four weeks time. Time has also been granted to petitioner for filing another petition, if he so desires, challenging the plea of Government that Appropriation Act is not questioned therefore the Court cannot inquire the validity of Appropriation Act.
Respondent No. 4 i.e. Mulayam Singh Yadav has also been asked to submit the Memorandum and Article of Association of the Society, Balance Sheet of the Society and the details of the management during the last ten years.
The case has been listed for April 21 now.
The Supreme Court also issued notice to the college society and UP Rajkiya Nirmana Nigam which Bhatia accepted for Society of the College.
The Court has asked State of UP to file additional affidavit with regard to audit and objections in establishing college. The state shall also declare details of other expenditure which has been incurred on CCS college and other colleges in UP.