The judgment highlights the application of the Contempt of Courts Act, 1971 and the duty of public servants to prevent fraudulent expenditure and save public money.

Rakesh Tiwari, J.

The Contempt Application has been filed with the prayer to initiate suo moto contempt proceedings against the respondents for wilful and deliberate disobedience of the final judgment and order 12.12.2000 passed by this Court in Special Appeal No. 572 of 1993, Moti Chandra Yadav and Ors. v. State of U.P. and Ors..

2. On 17.1.2002 the Contempt Application was admitted and notices were issued to the respondents. In compliance of the order of this Court dated 17.1.2002, office sent notices to respondents No. 1, 2 and 3 fixing 9.4.2002 have been received back with the following report:

(1) The service report of OP. Nos. 1 and 2 has been returned back unserved with the remark that Sri P.C. Sharma, Principal Secretary, Ministry of Education (Secondary Education) has been transferred to Sugar Corporation.

(2) Sri Sanjay Mohan, Director of Education (Secondary Education), U.P., Allahabad is at present sitting at 18, Park Road, Lucknow.

3. It was reported that the Service Report of opp. party No. 3 Sri Sanjay Mohan, Director of Education (Secondary Education) has not been received back and the case was directed to be put up for orders. The notice again issued to him was received back unserved on 29.7.2002 mid therefore, an impleadment application was filed, which was allowed by order dated 14.11.2002 and notices were issued to respondent No. 2 and newly added respondents No.4 and 5 fixing 13.1.2003. Again an impleadment application was filed for impleading Mr. Johra Chatarji and Mr. Ashok Kumar, which was allowed and the notices issued to them were received back after service. It is evident that an affidavit of service and rejoinder-affidavit were also filed.

4. By order dated 2.4.2003 the case was directed to be listed in the next cause list and in the mean time Standing Counsel was directed to ascertain the compliance of the order as averred by him in the counter-affidavit. In the order dated 9.4.2003 it was stated that the respondents had prayed for grant of one month's time for compliance of the order passed by this Court and further that the respondents have not submitted any application reporting compliance of the aforesaid order and as such order was passed directing opp. party No. 2 to be present before this Court on 18.4.2003. The Counsel for the petitioner as well as the Standing Counsel will inform Sri Sanjay Mohan, Director, Education (II) about this order by tomorrow. On 18.4.2003, the matter was heard and it was directed to be listed on 19.5.2003 for further arguments.

5. During the course of arguments on 18.4.2003 it appeared that there was some fishy business going on in the education department and scandal of Crores of rupees of Government was being embezzled by fake institutions received as grant-in-aid from the Government. This Court, therefore, directed Sri Sanjay Mohan, Director of Education (Secondary Education) to make inspection of all the Sanskrit Vidyalayas including the institution of the applicants. In pursuance thereof the institutions were inspected on 3.5.2003 by the Director of Education (Secondary Education), UP., Allahabad. After inspection an enquiry report has been submitted which has been filed as Annexure-SCA-1 to the supplementary-affidavit. From the inspection report it appears that 587 students have been shown in the Primary classes as regular students, but at the time of inspection no student was found present there and it was informed by the Principal to the Inspecting Officer that since the examination has been over and the students are not coming. However, no record relating to the examination was shown to the inspection authority. He has also not produced any relevant document by which it could be established that the institution was functioning. Even the Teachers were not present and there was no signature of the petitioners on the Attendance Register. It has also b