THE ALLAHABAD High Court has directed the CBI to conduct a preliminary inquiry into an episode wherein Rs 21 lakh was reportedly released towards back wages in favour of some police constables of Agra, who were not in employment from 1973 to 1998. The services of these cops were terminated in 1973 and subsequently restored in 1998. Justice Arun Tandon directed the CBI to inquire that under whose signature, the sum of Rs 21 lakh was released in favour of four cops towards back wages.
The CBI was also directed to inquire whether the payment of arrears of salary had been released under the signature of SSP, Agra Bhanu Pratap Singh in the case of one constable- Hori Lal or not. “If the said withdrawal has been affected under the signature of some other officers, the name of such officer be recorded,” the court directed.
The CBI is also to inquire whether the file has been deliberately removed from police department and, if so, for whose benefit?
Justice Arun Tandon also directed the CBI to inquire the persons, who were beneficiary of such illegal acts alongwith names of the officers, who prima facie appeared to be involved. The court directed that the inquiry might be completed within four weeks. While putting up the case on January 25, 2005 as unlisted for hearing, the court had directed the CBI to submit status report before January 25, 2006. The court passed this order on a writ petition (no-43303 2004) filed by Hori Lal.
The court observed, “The issue arises for the consideration before this court is (1) as to whether payment of back wages to a temporary employee as Hori Lal, who was admittedly not in the employment from 1973 to 1998, in the facts of the case, is legally justified or not. And (2) even if such payment could have been directed under law, whether unauthorised withdrawal of govt money, as has taken place in the facts of the present case, can be permitted.”
{{/usCountry}}The court observed, “The issue arises for the consideration before this court is (1) as to whether payment of back wages to a temporary employee as Hori Lal, who was admittedly not in the employment from 1973 to 1998, in the facts of the case, is legally justified or not. And (2) even if such payment could have been directed under law, whether unauthorised withdrawal of govt money, as has taken place in the facts of the present case, can be permitted.”
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