CENTRAL BUREAU OF INVESTIGATION, ANTI CORRUPTION BRANCH Vs. STATE OF U.P.
LAWS(ALL)-2013-8-53
HIGH COURT OF ALLAHABAD
Decided on August 26,2013

Central Bureau Of Investigation, Anti Corruption Branch Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

- (1.) "Ghaziabad General Provident Fund Scam", a term used commonly in the last five years, in a matter where several crores of rupees were fraudulently withdrawn from Government Treasury under the Head of "General Provident Fund" (hereinafter referred to as the "GPF") in respect of persons, some of whom were working as Class-III and Class-IV employees in Ghaziabad Judgeship, and, some were rank outsiders. It sounds strange that in a temple of justice, a fraud of such an extent could intrude and successfully continued for amply long period of 6 to 7 years. More important is that the District Judges continued to change but none, either could check it, or did intend to check it.
(2.) The fact remains that more than six crores of rupees, as a matter of fact, were fraudulently withdrawn and had not been restored to public exchequer, so far. The beneficiaries are enjoying the loot, sitting happily over it. The partial investigation is over and prosecution is still at nascent stage. It is almost five years since the date of registration of the case with police.
(3.) The genesis of action relates back to sometime in 2008 when, High Court, on administrative side, received information that crores of rupees have been withdrawn fraudulently from GPF of a large number of Class-III and Class-IV employees. The internal vigilance team of the Court made a fact finding inquiry and submitted a report, confirming such fraudulent withdrawal. Under authorisation given by the High Court, Crime No. 152 of 2008, under Sections 409, 420, 467, 468, 471, 477A, 120 IPC and Sections 8, 9, 13(2) read with 13(1)(d) and 14 of Prevention of Corruption Act, 1988 (hereinafter referred to as the "PCA, 1988") was registered at Police Station Kavinagar, District Ghaziabad, on 15.02.2008, on a written complaint of Smt. Rama Jain, Special Judge and Vigilance Officer, Ghaziabad Judgeship.;


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