IN THE COURT OF DEPUTY COMMISSIONER (JUSTICE)

LUCKNOW DIVISION, LUCKNOW

No.323/2002-03 Under section 210 L.R. Act, District Lucknow
Sunil Kumar Awasthi vs. Sarvodaya Seva Sansthan & Ors
ORDER
Aggrieved by the Judgment and Order dated 22.11.1976
passed by Sub Divisional Officer, Gopalganj, present revision
under section 219 of L.R. Act, is filed before this Court on
8.7.2003, thereby prayed to delete the fake entries.
Learned counsel for the revisionist argued that about 60
bigha land in the name of Sarvodaya Seva Sanastan situated
at

Village

Koriyani,

Mahungua

Village

Mitoli

Agampur,

Chandsarai, Village Karora and on the basis of forged entries

and by not filing the records to the State Government, the
earnings the same is being misused thereby causing loss to
the

State

Government.

Sarvodaya

Inter

College

and

Sarvodaya Seva Sansthan both have one manager whereas

both the institutes are separate. It was argued in the
argument that property has been transferred from the name
of Sarvodaya Inter College to Sarvodaya Sewa Sansthan
under section 33/39 of Land Acquisition, which is outside the
limit of their jurisdiction and they have not right to do so.
Section 33/39 only can resolved the error and cannot transfer
the property and at the end requested to set aside the order
of the Trial Court.
I have heard arguments of Ld. Counsels for both the
parties and also perused the records placed by them.
Revisionist has not filed certified copy of the order dated
22.11.76. He merely filed photocopy. The facts mentioned
regarding time barred in the revision are not sufficient. Filing

of revision after about 27 years is highly time barred whereas

as per law clarification regarding cause of delay should have
been mentioned day to day wise. Revisionist has filed
photocopy of the questionnaire. The grounds given by the
Revisionist for deleting the entries continued from so long
time are not sufficient because consolidation proceeding has
been done in the village. If revisionist had any objection then
he should have to file objection at the time of consolidation
which was not done. Present revision petition is highly time
barred and copy filed by the revisionist is not certified. On
these grounds the present revision is liable to dismissed.
In the light of the above discussion present revision
being highly time barred is dismissed. File be consigned to
record room. Copy of the order be sent to Trial Court.
Dated 14.07.2003

SD/- (Sharda Mishra)

Deputy Commissioner (Justice)
//TRUE COPY//

IN THE COURT OF SUB DIVISIONAL OFFICER, MOHANLAL

GANJ, LUCKNOW
Sarvodaya Sewa Sansthan vs. Sarvodaya
Inter College Gosaiganj, Luckonw
Case No. 67/50 Year 1776-77
U/s Correction of documents
ORDER
In the present case Shri Ram Pal Dwivedi, Manager
Savodaya Sansthan, Gosaiganj, has on 20/7/76 filed an
application for correction of documents (U/s 33/39) U.P. Land
Revenue Act, and prayed that entire property of the Sarvoday
Inter College be vested into Sarvodaya Sansthan. Therefore
the land in the name of Sarvodaya Inter College, situated at
Village Sadarpur, Karora, Kiryani, Chand Sarai, Manghua, and
Mitoli Adampur, be vested in the name of Sarvodaya Sewa
Sansthan, Gosaiganj.
I have perused the report of the Tehsildar dated 6.11.76
and also heard argument in this regard.
I am agree with the report of the Tehsildar dated
6.11.76 therefore it is directed that name of Sarvodaya Inter
College Gosaiganj, Manager Ram Pal, be deleted from Khatoni
Khata NO.109 of Adam Sadarpur Karora, Khata No. 42 of
Koriyani, Khata khatoni No. 65 of Chand Sarai, Khata No. 23
of Gaghua, Khatoni Khata No. 37 of Adampur, and name of
Sarovdaya Sansthaan Gopaiganj, be recorded.
SD/- (O.P. Sharma)
Sub Divisional Officer Lucknow
//TRUE COPY//

From
Deputy Director of Education
Division, Lucknow
To
Directorate of Education, Inspector
Lucknow
Letter No.1502/74-75 Dated June 22, 1973
Subject:

Change of name of School

Sir,
With reference to the letter of Manager, Sarvodaya
Inter College, Gusaiganj, Lucknow No.8563/74-75 Dated
11.6.71, after the consideration on the proposal of the
Management Committee of the School, as per the proviso of
article 16 (6) of Education Committee, permission for change
in name is granted to Sarvodaya Inter College, Gosaiganj,
Lucknow. Therefore name of the above school be read as
Rampa Trivedi Inter College, Gusaiganj, Lucknow. Necessary
correction be made in the office records.
Sd/- Deputy Director of Education
Division Lucknow
Letter No.1568. dated as above
Copy to the following for information and necessary action.
1.

Director of Education, Uttar Pradesh, Allahabad.

2.
3.

Director of Education, Shvir Office, Lucknow

Secretary, Central Board of Secondary Education, U.P.
Allahabad.

4.

Education Departmental Examination, U.P. Allahabad.

5.

Deputy Director of Education, Uttar Pradesh along with

additional copies to the effect that he should provide a
copy of the same to concerned J.V/N.

6.
7.

District School Inspector, Uttar Pradesh

Manager, Sarvodaya Inter College, Gusaiganj, Lucknow
Sd/- Deputy Director of Education
Division Lucknow
//TRUE COPY//

IN THE COURT OF DEPUTY COLLECTOR, MOHANLALGANJ,

LUCKNOW
Case No. 14/99-2000
Rampal Inter College, Through Manager, Sarvodaya Sewa
Sansthaan
Versus
Gram Saha Koriyani
U/s 33/39 Land Revenue Act.
JUDGMENT
Present case has been filed before my court after the
report of Tehsildar under section 33/39, in which applicant
has stated in his suit that his school is continuing at Gate
No.463 situated at Village Koriyani Pargana and Tehsil
M.Ganj, which present number is 475. In the record of above
gata only school is mentioned and same may be corrected
and at land No. 663, Sarvodaya Sewa Sansthan be recorded
in place of school.
In this regard Tehsildar has stated vide his report
No.463 dated 30.10.99 that presently gata No 475 Old Gata
No. 463 area 8-14-17, cate 9-2 is recorded in the name of
School in govt. records. This land is situated at Village
Koriyani, pargana and Tehsil Mohanlal Ganj.
In this regard counsel for the Gramsabha has filed an
objection and stated that entry of the school is very old and it
cannot be corrected in the present proceeding. That applicant

has stated in his application that case has been filed before
the Consolidation Court but not disclose what order was
passed in the Consolidating Court, as such it is the last entry,
which cannot be corrected. Therefore suit be dismissed as
being not as per rule.
I have thoroughly perused the record of the Tehsildar
and the file and came to the conclusion that since above entry
in the khatoni is more than 20 years old. Besides after the
verification the documents filed by the applicant, are in
photocopies and same cannot be read in evidence.
Various courts in their judgments have held that
generally old entries cannot be corrected in a summary
proceeding under section 33/39. Therefore it not seems
appropriate to allow the application of the applicant.
ORDER
Application is dismissed. File be consigned to record
room for necessary action.
Sd/- (Hemant Kumar)
Deputy Collector, Mohan Lal Ganj
//TRUE COPY//

Shri Kumar Awasthi S/o Shri Surya Prasad Resident of

Thakarpur, Trivediganj, District Barahanki, stated that I am
posted as Assistant in Rampal Trivedi Inter College Gosaiganj,
Lucknow

since

24.7.86

and

Sarvodaya

Seva

Sansthan,

Gosainganj, Lucknow is life time member. This school is state

funded and is under the control of State Government. Since
the year 1987, under the supervision of the then Principal of
the School Shri Bhibhuti Pandey, four shops was constructed,
for which evidence, the application given by him is being filed.
State

Government

has

ownership

right

in

the

School

premises. Shops were allotted to Shri Om Prakash Gupta, Bal

Govind Tripathi, Vinod Kumar Mishra and Kuldeep Kumar
Dwivedi and Rs.2000/- each was taken as security amount
and Rs.250/- was fixed as rent, which rent was being
collected by the Clerk Shri Ram Harsh Maurya and he used to
deposit the same in the account of Sarvodaya Seva Sansthan
No. 1079 with Zila Cooperative Bank Branch Gosaiganj,
Lucknow. The then Principal Vibhuti Bhusba Bhushan Pandey
was the main conspirator in the School. He was also member
of the Executive committee of Sarvodaya Sewa Sansthan. At
that time he was Manager of founder of the School and Ex.
MLA and Freedom Fighter was Shri Rampal Trivedi. Manager
of the School died in the year 1988 and since the date of

establishment of the school Shri Chander Shekhar Trivedi

remain Deputy Manager and used to support the Manager.
After some time Shir Vibhuti Pandey, the then Principals also
retired. After the retirement of Shri Pandey, Shri Ram Kishor
Mishra, Senior Asstt. Lecturer, got charge of the principal and
thereafter daily recommendation of one shop was started and
got involved in the said criminal activity. Recommendation is
annexed. After the death of Late Ram Pal Trivedi, his elder
son Shri Rama Shankar Trivedi was appointed as Manager
and Shri Chander Shekhar Trivedi became Deputy Manager,
who is presently Manager in the said School. Till the year
2005 the then Manager Shri Rama Shankar Trivedi and the
then Principal Shri Ram Kishor Mishra had constructed 61
(Sixty one) shops, which security amount of Rs.5000 to
10000/- per shop and rent Rs.300/- to 400/- was recovered.
This act was also deposited by the Head clerk of the school
Shri Ram Harsh Maurya. On 27.6.2000 Shri Ramashankar
Trivedi was expired and on 8.7.2000 Shri Uma Shankar
Trvidei was expired. Principal Shri Dev Dutt Shukla, Shri
Kailash Nath and Shri Om Perakash Avasthi had no concern
with these shops. From June 2000 to December 2002 dispute
regarding manager post was pending before the Lucknow
Bench of the Hon'ble High Court and in December 2002 after
becoming Manager of the School, Shri Chander Shekhar

Trivedi has handed over charge of the of shops of Sarvodaya

Sewa Sanasthan to the Junior Clerk of the School for a
emolument of Rs.600/0 per month and Shri Onkar Nath
Dwivedi, after his retirement from the Chaprasi, handed over
charge for recovery of the monthly rent from the shops, at
salary of Rs.1000/-. Present principal of the School Shri Lalji
Lal Srivastava also got involve with the act of Shri Chander
Shekhar. Monthly rent was being deposited through Junior
Clerk of the School Shri Shiv Shankar Dwivedi and receipt of
the rent was used to sign by him in his own handwriting and
issued to shopkeepers. Shop No. 1 to 39 was constructed in
the school premises, which ownership right is with State
Government and is relieved by the District Council. Its area is
8 Bigha 14 Biswas 6 Biswasi, which Manager Late Rama
Shankar

Trivedi

tried

to

transfer

into

Sarvodaya

Seva

Sansthan during his tenure. But Gram Sabha has raised

objection and stated that entry of the school is very old and it
cannot be corrected in these proceedings. Hon'ble Deputy
Collector, Mohan Lal Ganj, Lucknow has, dismissing the case
No. 10/99-2000 mentioned that application of the applicant is
not seems to be appropriate to allow and despite having been
entered the ownership in the name of School, Manager and
Principal

did

not

deposit

the

earned

money

in

the

Development Fund of the School and caused State revenue

loss and Shri Chander Shekhar Trivedi, being the Manger and
Manager of Sarvoda Sewa Sansthan, transferred the amount
of lacs of rupees from the Account No. 1099 of District
Cooperative Branch, Gosaipur, Lucknow to the account No.
8/133351 State Bank of India, Branch Gosaipur Lucknow.
Their this act is a Criminal act. Shop No. 40 to 65 is still
recorded is still recorded in the name of Sarvodaya Sewa
Sansthan, Gosaiganj, Lucknow. Its area is 1 (one) Bigha 1
(One) Biswa, which land of Gram Samaj was gifted by the
Gram Pradan Chand Sarai to the School. Above area is
mortgage as agriculture. On the demand of Shri Chander
Shekhar Trivedi, Grmam Pradhan Chand Sarai has given 8
bigha land at the side of Railway line, to the School. Above
area is recognized as Agriculture. School was established in
the

year

1960

by

the

Sarvodaya

Secondary

School

Committee, and the same was operated under file No. is

9879, as Sarvodya

Inter

School, Gosainganj, Lucknow.

Sarvodaya Inter School, Gosainganj, Lucknow got land as a

gift by Village Mitoni -29 Biswa, Chand Sarai, Lucknow 9
Bigha, Mahgua 13 Bigha,. Kariyani 4 Biswa and 8 Bigha
school premises, Sadarpur Karora -13 Bigha total 60 Bigha
immovable property. Above property is belong to State
Government.

In

the

year

1974

law

U.P.

Educational

(Prevention of Dissipation of Assets) Act, 1974 was passed.

Despite that State Government has made the Education

Department as owner of the entire property of the school and
prevented the transfer of movable and immovable property of
the school without the prior permission of the Education
Director. After enforcing of this law Vibhuti Bhushan Pandey
had hatched conspiracy with Principal of the School, which
includes

officials

of

the

Sarvodaya

Second

Secondary

Committee, given in file no 9879, 1. Chandra Bhanu Gupta

(President) 2. Rajender Narayan Dar (Vice President 3.
Mahadev Prasad Verma (Vice President) 4. Ram Pal Trivedi
(Manti) 5. Ramashankar Trivedi (Treasurer) 6. Shri Chander
Shekhar Trivedi (Mantri) 7. Shri Lala Sohan Lal (Member) 8.
Laxmi

Naryaan

Trived

(Member)

9.

Sohan

Lal

Trivedi

(Member) 10. Gulamuddin Haider (Member) 11. Dev Narayan

Jaswal (Memer) 12. Cheda Lal (Member), 13. Shiv Ratan
Singh (Member). Above society was not renewed and the then
Principal of the School Shri Vibhuti Bhushan Pandey, has filed
case No. 67/50 year 1976-77 in the imaginary name
Sarvodaya

Sewa

Sansthan,

Gosaiganj,

Lucknow,

for

correction in the documents under section 33/39, before

Deputy Collector, Lucknow, without the permission from the
Education Director and without impleading State Government
and Gram Sabha as party and changed Sarvodaya Inter
College to Sarvodaya Sewa Sansthan, Gosaiganj. This is the

violation of Section 5 of U.P. Educational (Prevention of

Dissipation of Assets) Act, 1974. In this case plaintiff and
defendant

are

transferred

at

same
that

person.
time

When

this

Sarvodaya

property

Sewa

was

Sanstham,

Gosainganj, Lucknow was only imaginary name. Principal was

Shri

Vibhuti

Narayan.

This

institution

Sarvodaya

Sewa

Sansthaan, Gosainganj, was registered on 24.3.81 vide

Registration No. 7423-80-81 file No. 66060 b Registrar Firms
Society & Chit Fund U.P. Lucknow. This is serious crime.
Sarvodaya Sewa Sansthan has not acquired any self property,
only by grabbing the property of school, within aim to
personal gain, the then Principal of the School Shri Vibhuti
Bhushan Pandey and Manager Shri Rampa Trivedi and Deputy
Manager Shri Chander Shekhar Trivedi who is presently
Manager of the School, has constituted the same. At the time
of constitution Member of Sarvodaya Sanasthan were 1.
Rampal Trivedi- President, 2. Shri Raj Narain Gupta, Vice
President, 3. Chander Shekhar Trivedi, Pradhanmantri, 4. Shri
Shiv Kumar Dwivedi- Deputy Minister, 5. Shri Shiv Ratan
Singh, Treasurer, 6. Ram Shankar Trivedi Member, 7. Mata
Prasad Tripathi, Member, 8. Raghuraj Singh, Member, 9.
Ramdev

Bajpai,

Member.

10.

Baijnath

Prasad

Jaiswal,

Member, 11. Shri Vibhuti Bhushan Pandey, Member. Presently

by violation the provision of section 7 of U.P. Educational

(Prevention of Dissipation of Assets) Act, 1974 Shri Shivratan

Singh, President, Ram Pal Trivedi, Gosaiganj and President
Sarvodaya Sewa Sansthan and Shri Chander Shekhar Trivedi,
E.K. Gosainganj and Presdient Sarvodaya Sewa Sansthan and
Manager Sarvodaya Sewa Sansthan Shri Vibhuti Bhushan
Pandey (conspirators) Deputy Manager Ram Pal Trivedi Inter
College and treasurer Sarvodaya Sewa Sansthan, Gosainganj,
Lucknow have deposited money of rent and land in Account
No. 1079 with Zila Cooperative Bank Branch Gosain Pur and
8/B351 State Bank of India, Gosainpur, and caused revenue
loss. In this conspiracy principal of the School Shri Vibhuti
Bhushan Pandey and Shri Ram Kishor Mishra are also
involved. Due to this the interest of the school, Student and
Teachers are suffer a huge loss. This offence is committed
intentionally and afterthought. They are responsible for this
crime and they should be published according to law.
Sd/Dated: Nil
//TRUE COPY//

Registered
From
Education Director (Sec.) Uttar Pradesh
General Education (1) Second Section
Allahabad
To
Manager
Rampal Trivedi Inter College,
Gosainganj, Lucknow
P./S(1)/Second/4544 / 2008-09 Dated 1/4/09
Subject:

Show Cause Notice under section 16 D (2) OF

Secondary Education Amended Act for eliminating
the rampant irregularities in Ram Pal Inter College,
Gosainpur

Sir,
In relation to above subject it is mentioned that in
relation to rampant irregularities in your school investigation
of the complaints received through Government was made by
Addl. Education Director (Vya. Sh.) Lucknow and as per the
investigation report following abnormalities are prevalent.
1.

Vide order of the Divisional Officer Mohan Lal Ganj,

Lucknow, about 65 Bigha land of Sarvodaya Inter College,

Gosaiganj, Lucknow (changed name Ram Pal Trivedi Inter
College, Gosainganj, Lucknow) was transferred in the name of
other

society

Sarvodaya

Sewa

Sansthan,

Gosainganj,

Lucknow in the year 1976 without the prior permission of

competent officer, whereas Sarvodaya Sewa Sansthan was
not in existence. As such without the permission of competent

officer you are held guilty for transferring the property of the
school in the name of non-existent institution.
2-

Agricultural land of the institute and rent of of the shops

constructed in the school premises, is not deposited by you in

the fund of the school and deposited in the bank accounts
being operated by Sarvodaya Sewa Sansthan, Gosainpur and
being misappropriated in arbitrary manner whereas entire
income of the school/society is not deposited in the fund of
the school and not spend for the interest of school/student for
which you are guilty.
Thus

from

the

above

it

is

clear

that

financial

abnormalities are widespread in the school and you are

violating the provisions of Secondary Education Act.
Therefore you are hereby directed under section 16 (D)
(2) of Secondary Education Amendment Act, 1921 that you
should eliminate the financial irregularities rife in the school
and give your clarification within 15 days to the District
Inspector of Education, Lucknow and a copy of same to
undersigned. If your reply is not receive within the prescribed
time then it will be assumed that you did not want to say
anything in the matter in question and on the basis of the

merits and available evidence action shall be taken against

you as per rule.
Yours faithfully
Sd/- (Mahanand Mishra)
Addl. School Director (Sec.), U.P.
P.S. General(1)/ second /
1.

08-09 Dated as above

Copy of the above to District School Inspector, Lucknow

to the effect that get the reply of the notice to Manager
and your report/ recommendation and proposal of notice
under section 16 D(3) as per requirement, be made
available to Divisional Joint Education Director, Lucknow.

2.

Copy to the Joint Education Director, Lucknow with the

direction that to examine the report of the District
School Inspector Lucknow in respect to the reply
received

from

the

Manager

and

your

report/

recommendation along with proposal of notice u/s16 D

(3) be made available to the Directorate immediately.
Sd/- (Mahanand Mishra)
Addl. School Director (Sec.) U.P.
//TRUE COPY//

Disposal of case in compliance of the order of the

Hon'ble High Court passed on 18.09.2009 in Writ petition
No.4912/2009 Ashok Trivedi vs. State of UP, & Ors.
In the petition in question Hon'ble High Court has
passed the following order on 18.09.2009.
Pursuant to the order passed by this Court on 16 th
September 2009, the Director of secondary Education Mr.
Krishna Mohan Tripathi, is present before this Court and
admits that the proceeding under Section 16 D (2) on the
matter in question is pending and according to him that has
to be disposed of after providing opportunity of hearing of
parties, which may take at least six weeks time. Considering
the facts and circumstances of the case and to avoid the delay
in the proceeding. I hereby provide that the parties concerned
shall appear before the Director on 9th of October 2009 and
submit their stand, so that he may proceed accordingly to
pass the order in the matter.
In compliance of the above order vide this office letter
No.

S1/Shi/Vaad/4561-65/

2000-10

dated

22.09.2000,

Divisional Joint Education Director, Lucknow, has directed the

applicant Shri Ashok Trivedi, Shri Chander Shekhar Trivedi,
Manager, Ram Pal Trivedi Inter College, Gosainganj, Lucnow,

to

appear

on

09.10.2009

along

with

all

the

require

documents. On the date of hearing Shri Arnesh Kumar,

District Education Inspector, Lucknow, Shri Chander Shekhar
Trivedi, Manager, Ram Pal Trivedi Inter College, Gosainganj,
Lucknow, Shri Ashok Trivedi and or placing defence in their
side, Shri Ashish Trivedi and advocate Shri Riyaz Ahmad were
present.
For the dismantling the abnormalities rife in the school,
vide letter of Education Director (Sec.) U.Pl School, S-Second,
Section Allahabad No. Sa-1/Second 4544-46/08-09 dated
01.04.2009, issued Show cause notice under section 16 D (2)
of Secondary Education Act, to Manager Ram Pal Trivedi Inter
College,

Goswain

Ganj,

Lucknow

for

dismantling

the

irregularities. Mainly following financial irregularities have

been mentioned in the above notice.
1.

Vide order of the Divisional Officer Mohan Lal Ganj,

Lucknow, about 65 Bigha land of Sarvodaya Inter College,

Gosaiganj, Lucknow (changed name Ram Pal Trivedi Inter
College, Gosainganj, Lucknow) was transferred in the name of
other

society

Sarvodaya

Sewa

Sansthan,

Gosainganj,

Lucknow in the year 1976 without the prior permission of

competent officer, whereas Sarvodaya Sewa Sansthan was
not in existence. As such without the permission of competent

officer you are held guilty for transferring the property of the
school in the name of non-existent institution.
2-

Agricultural land of the institute and rent of of the shops

constructed in the school premises, is not deposited by you in

the fund of the school and deposited in the bank accounts
being operated by Sarvodaya Sewa Sansthan, Gosainpur and
being misappropriated in arbitrary manner whereas entire
income of the school/society is not deposited in the fund of
the school and not spend for the interest of school/student.
In reply to the above notice was given by Manager Shri
Chander Shekhar Trivedi, vide letter No. 1030-35/08 dated
11.04.2009 to Addl Education Director (Sec.) Education,
Directorate, Allahabad, Joint Education Director, Lucknow and
District School Inspector, Lucknow.
Averments of Shri Chander Shekhar Trivedi.
Shri Rampal Trivedi and his son Shri Ram Shankar
Trivedi remain manager of the above school from the year
1960 to 2000 till 41 years. Applicant Shri Ashok Trivedi was
the member of the Management Committee of school of his
father Late Shri Shankar Trivedi and used to operate all the
school functions. Shri Ashok Trivedi used to make complaint
against the acts of Late Shankar Trivedi. And filed writ

petitions which shows his distorted mentality. Shri Chander

Shekhar Trivedi has filed evidence regarding membership of
the Ashok Trivedi in School Managing Committee.
In compliance of the order dated 21.01.2000 passed by
Hon'ble Supreme Court in Writ petition No.270/M.S/200
Ashok Trivedi vs. state of UP & Ors., on the date of hearing
12.02.2009 and on the date of disposal of application of the
Shri Ashok Trivedi on 01.04.2009 and earlier to that on
31.03.2009 have made his averments but at the time of
issuance of the notice under section 16D (2) of the Secondary
Education Act, the placed facts were not amended.
For the functioning of the above school, Sarvodaya Inter
College, Gosaiganj was registered under the provisions of the
U.P. Registration Act 1860 and same was registered vide
letter No. 480/I/9879/Dated 16.6.1960. For functioning of the
school, land/building of th e Junior High School Gosaiganj,
Lucknow was taken on rent from the District Council Lucknow,
at a monthly rent of Rs.10/- by the society.
District Counsel, Lucknow has executed sale deed of the
Building of the Junior High School, Gosainganj Lucknow and
Khasra No. 464 area 16461 sa. Mtr. Situated at Village
KOriyanki (Gosainganj) Pargana and Tehsil Mohan Lal Ganj,

Lucknow, on 15.6.1972 through Shri Dlare Lal Serivastava,

the then Engineer, District Coucni, Lucknow, in favour of Shri
Ram Lal Trivedi, son of Shri Kanhaiya Lal Trivedi, Manager,
Sarovdaya

Uttachhtar

Madhyamik

Vidyalaya,

Gosaingaj,

Lucknow. In this purchase no amount of District Council

Luckow as invested, Sarvodaya Inter College, Gosainganj,
Lucknow is running On the land made available by the
Committee.
Sarvodaya

Sewa

Sansthan

was

registered

in

the

provisions of Society Registration Act, 1960 on 09.11.1979

which registration No. is 6316 31407 dated 08.11.1973 No.
1970 of 1073-74. Therefore it showing that above society
Sarvodaya Sewa Sansthan was registered in 1980-81 is
incorrect

because

Sarvoda

Sewa

Sansthan,

Gosainganj,

Lucknow was registered in 1973.

In the year 1974 vide order No.M-2/1508/74-75 dated
20 June 1974 of Deputy Education Director, Sixth Division,
Lucknow, name of the above school has been changed from
Sarvodaya Inter College, Gosainganj, Lucknow to Rampal
Trivedi Inter College, Gosainganj, Lucknow. In compliance of
the order dated 15.11.2011 of the Hon'ble High Court in Writ
petition No.2406/2001 and In compliance of the order dated
07.12.2007 passed by Divisional Joint Education Director,

Sixth

Division,

Lucknow,

Shri

Ashok

Kumar

Trivedi

is

discharging the obligation of post of Manager of the School.

From the order dated 03.01.2003 passed in writ Petition No.
4144/NS/2002 Ashok Kumar Trivedi & Ors. against the order
of the Divisional Joint Director of Education dated 03.01.2003,
it is clear that mother society of the school was Sarvodaya
Senior Secondary School, which is presently functioning in the
anme of Sarvodaya Sewa Sansthan, Lucknow. In the revenue
and

land

records

name

of

Sarvodaya

Sewa

Sansthan,

Gosainganj, is recorded. Above complaint regarding land was

made just to defame the Manager of the Institution. In this
regard following facts are considerable.
1.

Transfer

of

the

properties

of

Sarvodaya

Senior

Secondary School, Gosainganj, Lucknow, at Village Mitoli,

Chandsarai, Koriyani, Mahugaua, and Sadarpur Karora, was
made by Ex. Manager Shri Rampal Trivedi, vide order of the
SDM in suit No. 67/50 year 1976-77, Mohan Lal Ganj,
Lucknow dated 27.11.1976 in the name of Sarvodaya Sewa
Sanstahn, Gosainganj, Lucknow.
2.

Consolidation proceeding of the area was continued for

long time in the said area from the year 1980 to 1996. But
objection was not raise in regard to these properties before
the consolidation court at any stage. Thus section 49 of the

Consolidation Act is bound on these properties and its gazette

notification has been made.
3.

One Assistant Teacher of the School Shri Sushil Avasthi,

has clandestinely filed writ petition No. 2270/N/2003 before

the Hon'ble High Court in regard to the judicial decision dated
22.11.1976 [assed by the SDM Mohanlal Ganj, in Case
No.57/50 year 1978-77, which has been dismissed by Hon'ble
High Court vide order dated 30.042003.
4.

Again Shri Sushil Kumar Awasthi, Asstt. Teacher has

filed field case No. 323/02 before the Hon'ble Deputy

Commissioner (Consolidation) Lucknow against the order
dated 22.11.1976 of the S.D.M. Mohanlalgaj, which was
dismissed on 14.07.2003.
Manager Shri Chander Shekhar Trivedi also stated that
shops are constructed on the land purchased by Sarvodya
Senior Secondary

School, Gosainganj,

Lucknow

and

its

ownership right has only with the Committee and it has no

any concern with the school.
In relation to the construction of shops, the then
Education Director (Sec.) U.P. Lucknow has registered case
No. 284/99 under Prevention of Dissipation of Assets. After
the investigation final report has been filed before the Court.

Thus the rent being taken from the shops is not comes under
Prevention of Dissipation of Assets. He is manager of the
school since 07.12.2002 and shops were construct earlier
during the tenure of Shri Ram Shankar Trivedi and since then
entire tenants are the tenant of Sarvodaya Siksha Sansathan,
Gosainganj, Lucknow. The rent being recovered by Shri Ram
Shankar Trivedi was being deposited in the account of the
mother institution of the school Sarvodaya Siksha Sansthan,
Gosainganj, Lucknow. This method is adopted by him till date.
Complainant has repeatedly mentioned about the 5 shops,
where many shops are constructed in land No.436-437, its
khasra number is submitted. The then Manager Shri Ram
Sankar Thriveds wife Smt. Saraswati Trivedi has filed writ
petition No. 421/2006 before the Hon'ble High Court, which
has been dismissed by the Hon'ble High Court.
Rent recovered from the shops is being deposited in the
bank account of mother institution of the school and its
receipt is being issued and annual audited from the Chartered
Accountant and monthly account is entered in the Income Tax
Department. Thus the question of misappropriation of the rent
obtained from the shops does not arise. The income received
from above by the institution is being spent for the necessary
development work of the school. Land and site plan produced

at the time of recognition of the Sarvodaya Inter College,

Gosainganj, is annexed for perusal. It is clear from the same
that the rooms of the building is shown at the time of
recognition, are save and can be verified from the records.
So far as the point of investigation report is raised by
the Deputy Education Director, in this regard it is to clarify
that information of the above investigation or knowledge was
never given nor same was verified at the school premises.
Management Committee of the school is operating the school
and none of the property is misused.
Statement of Shri Ashok Trivedi.
With regard to the irregularities in the school District
Audit Officer has filed the audit report from the year 2001-02
to 2003-04. In which at Part 2 (B) of para 5 to 1, possibilities
of misuse/embezzlement of the amount has and causing
economic loss to the institution is mentioned. Joint Director,
Sanskrit Education Section U.P. Government, has vide letter
dated 16.6.2005, considering the seriousness of the charges
mentioned in the complaint regarding irregularities in the
school, investigate from the Senior Officer and directed to
furnish report/ recommendation to the government.

As per the order of Education Director (Sec.), Deputy

Education Director (Vya.Shi) has investigated the matter and
mentioned

that

on

the

request

of

the

Management

Committee, vide order dated 20.06.1974 of Deputy Education

Director, Faizabad, permission was granted to change the
name of the school from Sarvodaya Inter College to Rampal
Dwivedi Inter College. But in place of change of name of the
institution, land of the institution, vide order dated 22.11.76
of the Sub Divisional Officer, Mohan Lal Ganj, vide letter
No.67/50, year 1976-77, entered in the name of Sarvodaya
Sewa Sansthan, Gosainganj, Lucknow, whereas the society
named Sarvodaya Sewa Sansthan was not registered on the
said date. This fact came into light that registration of
Sarvodaya Sewa Sansthan was made on 24.02.1981. In his
report, Education Director (Vya. Shi) has clearly mentioned
that above land of Sarvodaya Inter College, Gosainganj,
Lucknow

changed

Gosainganj,
Sarvodaya

name

Lucknow),
Sewa

(Rampal

was

Sansthan

Trivedi

recorded
by

in

Inter
the

suppressing

College,
name

the

of

facts.

Divisional Joint Education Director, vide his letter dated

11.09.2006, has informed to A.Shi.Ni.(Vya.shi.) that the
shops constructed in the school premises are the properties of
school and the income/rent obtained from the same should be
use in the interest of the school but income/rent is being

deposited in the account of Sarvodaya Sewa Sansthan, with

State

Bank

of

India,

Gosainganj,

Branch

Gosainganj,

Lucknow. For the said misappropriation present management

is responsible. Directions were issued to the Divisional
Education Director, to deposit the rent for the shops situated
in the school premises in the School fund. Deputy Director
(Vya.Shi.) has stated in his investigation report that present
institution Management is held guilty and responsible for the
huge loss being caused in the school. Therefore in the interest
of justice because of the present serious irregularities of the
institution huge loss is being caused to the school and due to
this economic loss it is necessary authorize controller was
appointed in the School.
Statement of District School Inspector.
Society

Sarvodaya

Secondary

School,

Gosainganj,

Luckonw was constituted and operated the school. Sarvodaya

Sewa Sansthan, Gosainganj, Lucknow was registered under
the Society Registration Act, 1850 on 09 November 1973,
which

registration

08.11.1973

No.170

number
of

is

1973-74.

6313/I-31/460
The

then

dated

Managing

Committee has transferred the assets of the school registered

Sarvodaya Sewa Sansthan. This society is running the school.

Point No.2.
Rent of the shops constructed by the society was being
deposited in the account of Sarvodaya Siksha Sansthan,
Gosaiganj, Lucknow. Present Manager Shri Chander Shekhar
Triveid has start depositing the rent of the shops constructed
in the school in the account of Maintenance Fund No. 8822622
from dated 16.06.2009. Directions should be issued earlier
that rent for these shops be deposit in the maintenance
account. Presently Managing Committee is removing the
objections in the school.
After the analysis of the reports made available by
District School Inspector, Lucknow, Manager Shri Chander
Shekhar Trivedi, Petitioner Shri Ashok Trivedi, it is clear that
name of Sarvodaya Senior Secondary School, Gosainganj,
was registered under Society Registration Act on 16.06.1960.
Its registration number was 480/I-9879. Above society has
execute agreement with the District Board, Lucknow, for
renting the land, building, equipment, furniture of Junior High
School, Gosainganj, Lucknow, at a monthly rent of Rs.10/- for
a period of 10 years. Thereafter District Board has made
registry of the above land Khasra No.483 area 14001 sq, Mtr.
In the name of Rampal Trivedi through Sarvodaya Senior
Secondary School, Gosainganj, Lucknow. Divisional Education

Director,

Sixth

Division,

Lucknow,

vide

letter

No.

Ma.2/1508/74-75 dated 22 June 1974 has in reference to

above, considered the proposal given by the Management
committee of the school, changed name of Sarvodaya Inter
College, Gosainganj, Luckow to Rampal Trivedi Inter College,
Gosainganj, Luckno and also directed to make necessary
changes in the office records. Manager Shri Chander Shekhar
Trivedi has filed khatoni of year 391 Fasl No. 1383 in which
land of Chand Sarai, Tehsil Mohanlalganj, was recorded in the
name of Sarvodaya Second Secondary School, Gosainganj,
Lucknow, Shri Ram Pal Trivedi, Manager. Similarly Khatoni
No.1381

Fasal

No.1383

of

Village

Mahgua,

Tehsil

Mohanlalganj, Lucknow was also recorded in the name of

Manager, Sarvodaya Senior Secondary School. Khatoni of
1376 fasal No.1378 of Village Mitauli Tehsil Mohanlalganj, was
also recorded in the name of Sarvodaya Senior Secondary
school Shri Rampal Trivedi, Manager. In Case No.67/50 year
1976-77, vide letter dated 20.07.1976 of Shri Rampal Trivedi,
Manager, Sarvodaya Senor Secondary School, Gosainganj,
Lucknow, application was given for correction of documents
under section 35150 of U.P. Land Revenue Act, in which name
of Sarvodaya Senior Secondary School, Gosainganj, Lucknow
was requested to change as Sarvodaya Sewa Sanstahn,
Gosainganj, Lucknow. As per the above request, S.D.M.

Mohanlalganj, Lucknow, vide order dated 22.11.1976 has

deleted the name of Sarvodaya Second Secondary School,
Gosainganj, Lucknow and entered name of Sarvodays Sewa
Sanstan Gosainganj, Lucknow.
Thus it is clear that property of society Sarvodaya Senior
Secondary School, Gosainganj, was transferred in the name
of Sarvodaya Sewa Sansthan, Gosainganj, Lucknow, which
registration was made on 08/11/1973 vide Registration No.
6313/I-31407 No.1870 of 1973-74, by the order of the SDM,
Mohanlalganj dated 22.11.1976. Above order was only passed
for the correction of the documents. Mother society of the
School is Sarvodaya Sewa Sanstahn, Gosainganj, Lucknow,
and same is still operating the school. As per the renewal of
the society produced by the Manager, society is renewed for
five years on 24.03.2005. Therefore under section 16 D (2)
first allegation made in the notice given to the Manager, is not
proved after the analysis of the record made available by the
Manager.
On

the

land

purchased

by

the

Sarvodaya

Senior

Secondary school, Gosainganj, Lucknow, Society, earlier

manager and father of the Petitioner Shri Ram Shankar
Trivedi, has constructed the shops and since then the
recovered rent is being deposited in the account of mother

society Sarvodaya Sewa Sansthan, Gosainganj, Lucknow,

which is being used for the development work of the school.
Above received rent/income is not being misused by the
Manager. On the objection raised by the department Manager
has started depositing the rent amount in the maintenance
account of the school.
Thus

second

allegation

that

rent

for

the

shops

constructed in the land of school is deposited in the account of

society and being misappropriate by the Manager is found
baseless. It could not be proved from the records that above
shops are constructed at the land of the school.
Thus from the above mentioned circumstances both the
pointes mentioned in the show cause notice under section
16D (2) of Secondary Education Act, 1921, are liable to be
quash as per the clarification made by the Manager. Therefore
on the basis of the averment and evidence placed by the
Management, notice given under

section 16

(2)

of

Secondary Education Act, 1921 is dismissed and accordingly

decided the case.
Sd/- Krishan Mohan Tripathi
Education Director (Sec.)
Uttar Pradesh
Endorsement
October 2009

No.

S-1/Was/5317-23/

2008-10

dated

27

Copy to the following for information and necessary action.

1.

Deputy Director Education (Secondary) Lucknow

2.

Registrar, Hon'ble High Court Lucknow Bench, Lucknow

3.

Divisional Joint Education Director, Lucknow

4.

District School Inspector, Lucknow

5.

Manager, Ramlal Trivedi Inter College, Gosainganj,

Lucknow- registered

6.

Shri Ashok Trivedi son of Shri Rama Shankar Trivedi,

resident of H. No. 08 Shastri Nagar, PO Rajender Nagar
Lucknow, Registered

7.

Guard file
Sd/- Krishan Mohan Tripathi
Education Director (Sec.)
Uttar Pradesh
//TRUE COPY//

Statement under section 200 Cr.P.C.

Stated on oath:
Name: Sunil Kumar Awasthi, S/o Shri Suray Prasad Avasthi,
Age 48 years, Occupation Teacher, Resident of Sector 4/565,
Vikas Nagar, Lucknow, PS Vikas Nagar, District Lucknow.
65 commercial shops are constructed in the school
premises, which belongs to School Rampal Trivedi Inter
College, Gosaiganj. Its market value is in worth crores of
rupees from which monthly earning is Rs. 4 to 5 lakhs.
Whereas in the revenue records ownership right is recorded in
the name of State Government. The funded property of the
school is belongs to State Government. Private account of the
school is known in the name of School development fund.
Officials of the school society are depositing the earning from
these shops in the account of he Sarvodaya Sansthan and are
using the same. Manager and Pradhanmantri of the School
Management is Chander Shekhar Dwivedi. President of the
School Shivratan Singh is also the president of Sarvodaya
Sewa Sansthan. Deputy Manager of the school is Vibhuti
Bhushan Pandey and Treasurer of the Sarvodaya Sewa
Sansthan. Account of the Sarvodaya Sewa Sansthan is being
operated with the joint signature of President, Pradhanmantri

Treasurer. Income from the shops of the school is being

recovered by Head Clerk Shiv Shankar Dwivedi. This act is
done under the supervision of Principal of the school and
income from the same is not deposited in the account of state
government and being misappropriated. Information was
given at police station but no action has been take and hence
complaint has been filed.
Signed after reading.
Sd/- 25.6.09
//TRUE COPY//

Sunil Kumar Vs. Chandra Shekhar 156 (3)

Shri Kaushal Kishor Mishr S/o Late Shri Lallan Prasad
Mihtr, Age 62 years, Retired Teacher Rampal Trivedi Inter
College, Sikshak Colony Sadapur, Karora, PS G. Ganj, Lucknow,
stated on oath that
65 shops constructed in the School. Out of them four
shops was constructed in the year 1987 by Ex. Principal Shri
Vibhuti Bhushan Pandey and rest 61 shops were constructed by
Ex. Principal Shri Ram Kishor Mishr. In this regard I am not sure
that earning from these 65 shops were not deposited in the
relevant account of the school but was being deposited in the
account of Sarvodaya Sewa Sansthan, whereas all the shops are
constructed in the school premises and in the revenue records
the same is mentioned as state property. Amount of the school
is not deposit in the account of School shows serious financial
irregularities.

Prandhanmantri

of

the

above

Committee

Chandershekhar Trivedi, President Shri Shiv Ratan Singh and

Treasurer Shri Vibhuti Bhushan Pandey are responsible for this
illegal and irregular works. Principal of the School with the help
of head clerk is misappropriating the earned income. Since I was
in regular service in the said school for 35 years and hence this
is within my complete knowledge and truthfulness. Whatever is
seen I have given the statement.
Typed on my dictation
Written by
Sd/- Illegible 28.7.99
//TRUE COPY//

Sd/- illegible
28.7.09

Shri Harinam Singh, Retired Teacher Rampal Inter

College G.Ganj, Lucknow, S/o Late Shri Sher Singh, Resident
of PS G. Ganj, Lucknow, state on oath:65 shops are constructed in the land of Rampal Inter
college, G. Ganj, out of them Ex. Principal Shri Vibhuti Pandey
has constructed four 87 shops and thereafter Ex. Principal
Shri Ram Kishor Mishtr has constructed 61 shops. Rent of
these shops was deposited forged Sarvodaya Sewa Sansthan,
whose office bearer are Pradhanmantri Shri Chander Shekhar
Trivedi, President Shri Shiv Ratan Singh and Treasurer Shri
Vibhuti Bhushan Pandey. These peoples should have to
deposit the rent of the shops in the development fund of the
school but by not depositing in the same they deposited the
same in forged instruction and are taking its unlawful gain. It
is co incident that Manager of the School Ram pal Trivedi
Inter College and Pradhanmantri of forged institution are
same. Hence Clerk of the School Shri Shiv Shankar Dwivdedi
and Pradhanmantri are recovering rent from these shops. Due
to these irregularities, on 3rd July, govt has dissolved the
committee and Plenipotentiary controller has been appointed.
Therefore it is prayed to this Court that appropriate legal
action be taken.
Typed on my dictation by the reader
Sd/- Illegible 28.7.09
Sd/- Illegible
28.7.09
//TRUE COPY//

I, Dulare Lal Srivastava S/o Late Shri Sunder Lal,

Engineer, District Council, Lucknow. I have been authorized
by the District Council, Lucknow for executing this Sale deed
for the building and Art class and community Hall of Junior
High School, Goshaiganj, along with land khasra No.463 area
14681 Sq. Mtr. Situated at Village Kariyani, Goshianganj,
Pargana and Tehsil Mohanlalganj, District Lucknow. Today on
15th June 1972, without any consideration I am writing this
Sale deed in favour ofShri Ram Pal Trivedi S/o Shri Kanhaiya
Lal Trivedi, Resident of Pahadnagar, Manager, Sarvodaya
Inter College, Gosainganj, Lucknow.
Vide Govt. order No.73713-71 dated 17 November 1971
consent is given to Senior Secondary School Gosainganj to
make payment of Rs.12865-00 and payment of this amount is
made by the purchaser at Rs.2200-000, 1600-00 on 31.8.67,
Rs.600-00 on 9.5.63 and Rs.10665-00 vide receipt No.
3718963 dated 28.12.71 in the Council. Therefore this
registry is made. This land and room Community Hall etc. is
in the ownership right of the Council without partnership of
others and is in possession of the same. This land is free from
all changes and is free from all encumbrances is clear.

As per the Govt. order above building and land is written

in

the

name

of

the

Manager

of

Sarvodaya

Utchhatar

Madhyamik Vidyalaya, which boundary is mentioned herein

below. Building and land along with all right and title,
ownership right, whatever is with the Council in respect to the
said property or will obtained in future, is sold for a total
consideration of Rs.12865-00 half of which comes at Rs.643200 to Shri Ram Pal Trivedi son of Shri Kanhaiya Lal Trievedi
Resident of Pahad Nagar, Manager, Sarvodaya Uttchhatar
Madhyamik Vidyalaya, Gaosainganj, and possession of the
sold property is handed over to the purchaser.
From today purchaser became absolute owner of this
land and now no one has any right to claim against the said
property and nothing is remain due towards the purchaser for
the said property. If anyone file any claim against the said
property same shall be void on the basis of this deed. Now
purchaser has right that to use and enjoy the said property at
his own wish and he got all the ownership right. Purchaser
may enter his name in the govt. records in the name of
Uttachhtar Madhyamik Vidyalaya.
Therefore this sale deed has been written so that it may
be proved and take effect in time.

DETAILS OF BUILDING AND LAND BOUNDARY IS MENTIONED

IN THE SITE PLAN AS UNDER
East:

Womens Hospital and quarter and family planning

centre.

East:

Road Lucknow- Sultanpur Road

North:

Road, Lucknow Sultanpur Road, Primary School

and Animal Hospital

South:

Road, Town Area, Gosainganj.

This land is measuring 14681 Sq. Mtr. and is sold @ Rs.86/per sq. mntr. In line 1 of the document District Council
Lucknow is written above the line.
Typed by
Sd/- Illegible
14.6.72
//TRUE COPY//

54/99 Section 7 Uttar Pradesh Educational Institutions

(Prevention of Dissipation of Assets) Act, 1974
Original/ Second/ Third Copy
For Court/Complainant/office use
FIRST INFORMATION REPORT
Firs information report of a cognizable Crime Report under
Section 154 Code of Criminal Procedure
Police station: Wazir Ganj
Sub-District: Sadar
District: Lucknow
No. 266/99 date and hour of occurrence: Date unknown
Time Unknown
Date
and
hour Place
of Date of despatch
when reported
occurrence
and of
from
police
distance
and station
direction
from
Police Station
14.7.99
Time 22-00

Following school Through post

of various district
Lucknow

Note: A First Information must be authenticated by the

signature, mark or thumb-impression of information and
attested by the (Signature of the officer regarding it).
Name
and Name and
residence of residence
information
of accused
and
complainant

Brief
descripti
on
of
offence
with
section

Steps
Result
of
taken
the case
regarding
investigati
on
of
delay
in

Shri
Amrit 1. Manager
Prakash,
Khalsa
Education
Inter
Director
College
(Secondary)
Char Bagh
Uttar Pradesh
Lucknow
18 Park Road
Lucknow
2. Manager,
Kashishwa
r Inter
College
Mohanlal
ganj,
Lucknow
3. Momtaj
Inter
College,
Aminabaa
d Lucknow
4. Ram Pal
Trivedi
Inter
College,
Gosaingan
j Lucknow

and
of recording
property informatio
carried
n
out,
if
any
Manager
of
the
college
have
construct
ed shops
in
the
school
premises
and
committe
d offence
under
section 5
U.P.
Education
al
Institutio
ns
(Preventi
on
of
Dissipatio
n
of
Assets)
Act, 1974

On the basis After

of tehrir of investigation
the
Complainant
case
has
been
registered
and will be
investigate
by
SI
Ayodhya
Prasad.

5. Manager
Janta Inter
College
Alambagh
Lucknow
6. Ram
Bharose
Maiku Lal
Inter
College
Bakshi
7. Manager
Bakshi Ka
Talab
Inter
College
Lucknow

First information be recorded on back side

Sd/- Illegible
S.I
14.7.99
Note:

Signature of thumb impression of the informant

should be taken at the end of the report
COPY OF HINDI COMPLAINT OF COMPLAINANT

Semi Official letter No.967/99-2000 Uttar Pradesh Govt.

Amrit

Prakash,

Education

Director

(Secondary),

Uttar

Pradesh, 18 Park Road, Lucknow, Dated 14 July 1999, K.K.

Gupta, J.V. N. Lucknow, Dear Sir, the fact came into light that
following 8 Secondary Schools of the District Lucknow have
violated

the

provisions

of

Uttar

Pradesh

Educational

Institutions (Prevention of Dissipation of Assets) Act, 1974,

and constructed commercial establishment/ shops in the
School premises.
1.

Khalsa

Inter

College,

Char

Bagh,

Lucknow

(Then

Manager).
2.

Kashishwar Inter College, Mohanlalganj, Lucknow

3.

Momtaj Inter College Aminabad, Lucknow

4.

Rampal Trivedi Inter College Gosainganj, Lucknow

5.

D.S.P. Inter College Lucknow

6.

Janta Inter College, Alambagh, Lucknow

7.

Ram Bharose Maiku Lal Inter College Teli Bagh Lucknow

8.

Bakshi Ka Talaab Iner College, Bakshi Ka Talaab

Lucknow

It is therefore you are prayed first information report be

lodged against the managers of above 8 secondary schools.
Letter of the Legislative council dated 17.7.99 is annexed.
Sd/- English Amrit Prakash (Amrit Prakash) SO Wazirganj
Registered Girish 14.7.99 SSP Kr. At Police Lucknow, G.P.
Sharma Senor Superintendent of Police, Lucknow
Note. I HM 364 Mange Lal certify that copy of the tehrir is
mentioned word to word.
SD/- 14.7.99
//TRUE COPY//

IN THE COURT OF ADDL. CHIEF JUDICIAL MAGISTRATE

SECOND COURT No.25, LUCKNOW
MISC. APPLICATION No.

OF 2008

UNDER SECTION 156 (3) Cr.P.C.

P.S. GOSAINGANJ, DISTRICT LUCKNOW

Sunil Kumar Awasthi (Asst. Teacher) Rampal Trivedi Inter

College, Gosainganj, PS Gosainganj, District Lucknow, R/o
4/565, Vikas Nagar, PS Vikas Nagar, District Lucknow.
.Applicant
Versus
1.

Chandershekhar

Trivedi

(Pradhanmantri)

Sarvodaya

Sewa Sansthan, Gosainganj, Lucknow.

2.

Shivragan

Singh

(President)

Sarvodaya

Sewa

Sansthaan, Gosaingaj, Lucknow

3.

Vibhuti Bhushan Pandey (Treasurer) Sarvodaya Sewa

Sansthan, Gosainganj, Lucknow

4.

Principal, Ram Pal Trivedi Inter College, Gosainganj,

Lucknow

5.

Clerk,

Ram

Pal

Trivedi

Inter

College,

Gosainganj,

Lucknow.
.Accused
APPLICATION UNDER SECTION 156(3) Cr.P.C. FOR
REGISTRATION
INVESTIGATION

OF

CASE

AND

FOR

Sir,
Above named applicant most respectfully submits as
under:1.

That the applicant is working as a Assistant Teacher in

Rampal Inter College, Gosainganj, District Gosainganj,
District Lucknow.

2.

That 65 commercial shops has been constructed in the

premises of Rampal Trivedi Inter College, Gosaingaj, its
market value is in worth Crores of rupees from which
monthly earnings is approx Rs.4-5 lakhs. Above income
is being recovered by accused persons, functionaries of
the Sarvodaya Sewa Sansthan, Gosainganj, Lucknow,
Chander Shekhar Trivedi (Pradhanmantri), Shivratan
Singh (President) Vibhuti Bhushan Pandey (Treasurer),
and they are using the same. Whereas the land of the
school premises in which 65 commercial shops are
constructed, in the revenue records as per khatoni dated
03.05.1972, 26.12.1995, 24.10.2005, ownership of the
school is recorded in the name of State government.
Sarvodaya Sewa Sansthan has no any property. Some
members of the Committing running the school have
constituted a society in the name of Sarvodaya Sewa
Sansthan for grabbing the income being obtained from
the school. Whereas College has its own account, which
is known by the name of School Development Fund. The
income from the college premises and college property
should have to deposit in the account of college and
accused persons have responsibility to deposit the same
in the account. These people are the official bearers of
the School Managing Committee. Thus accused persons

are not depositing the above amount in the fund of

College/ State Government and in dishonestly and
fraudulently by falsifying the records, are using the said
amount.

Some

departmental

employees

are

also

involved with their act. If its investigation be made it will

reveal financial embezzlement of state revenues and
name of some more accused persons will expose. Thus
above

accused

persons

have

committed

offence

punishable under section 409/420/467/468/471 IPC and

is continuing to do so.
3.

That in the interest of School and the State Government,

applicant

has

personally

gave

an

application

on

14.07.2008 to SHO Gosainganj, for registration of the

case, but case was register. Copy of the application
dated 14.07.2008 is annexed as Annexure-1.
4.

That on 14.07.2008 an application was send through

registered Post to Senior Superintendent of Police,
Lucknow for registration of case. Copy of the above
application dated 15.07.2008 along with postal receipt is
annexed as Annexure-2.

5.

That till date police has not registered the case for the
above crime nor taken any action. Whereas case is
concerned to a huge revenue fraud and it is imminent
necessary to lodge its first information report and start
the investigation.

6.

That the letters relating to the above crime from which

the above crime was exposed such as audit report of the
school, information received by the applicant from Right
to Information Report, balance sheet of Sarvodaya Sewa

Sansthan, rent receipt for the shops recovered by

Sarvodaya Sewa Sansthan and copy of the Khatoni
dated 03.05.1972, 26.12.1995 and 24.10.2005 are
annexed as Annexure-3.
PRAYER
It is therefore prayed that SHO Gosainganj, be directed to
register the case on the basis of the facts mentioned in the
application and submit report to this Hon'ble Court.
Lucknow
Dated 25.07.2008
Applicant
Sd/- Sunil Kumar Awasthi (Asstt. Teacher)
//TRUE COPY//

IN THE COURT OF ADDL CHIEF JUDICIAL MAGISTRATE ROOM

NO. 26 LUCKNOW
ORDER
17.04.2010
Applicant Sunil Kumar Awasthi, has filed an application
under section 156 (3) Cr.P.C. for registration of case against
the respondents Chander Shekhar Trivedi. On the above
application of the applicant my Ld. Predecessor has, as per
order dated 1.8.08 on above application, registered the case
on the above application.
Statement of the applicant in brief are as that he is
working as a Assistant Teacher in Rampal Inter College,
Gosainganj, District Gosainganj, District Lucknow. There are
65 commercial shops constructed in the premises of Rampal
Trivedi Inter College, Gosaingaj, its market value is in worth
Crores of rupees from which monthly earnings is approx Rs.45 lakhs. Above income is being recovered by accused persons,
functionaries of the Sarvodaya Sewa Sansthan, Gosainganj,
Lucknow, Chander Shekhar Trivedi, Shivratan Singh, Vibhuti
Bhushan Pandey, and they are using the same. Whereas the
land of the school premises in which 65 commercial shops are
constructed, in the revenue records as per khatoni dated
03.05.1972, 26.12.1995, 24.10.2005, ownership of the school

is recorded in the name of State government. Sarvodaya

Sewa Sansthan has no any property. Some members of the
Committing running the school have constituted a society in
the name of Sarvodaya Sewa Sansthan for grabbing the
income being obtained from the school. Whereas College has
its own account, which is known by the name of School
Development Fund. The income from the college premises
and college property should have to deposit in the account of
college and accused persons have responsibility to deposit the
same in the account. These people are the official bearers of
the School Managing Committee. Thus accused persons are
not depositing the above amount in the fund of College/ State
Government and in dishonestly and fraudulently by falsifying
the records, are using the said amount. Some departmental
employees are also involved with their act. If its investigation
be made it will reveal financial embezzlement of state
revenues and name of some more accused persons will
expose. On 14.07.08 in the interest of school and state an
application was given for registration of case but case was not
register.
Complainant has recorded his statement under section
200 Cr.P.C. and Kaushal Kumar Mishr as Witness No.1. and
statement of Harinam Singh as Witness No.2.

From perusal of the file in my view it appears that the

act of the accused persons Chander Shekhar Trivedi, Shiv
Rattan Singh, Vibhuti Bhushan Pandey, Principal, Rampal
Trivedi Inter College and Clerk, Ram Pal Trivedi Inter College
comes within the ambit of offence punishable under section
409, 420, 467, 468, 471 IPC. Accused persons are liable to be
summoned for offences under section 409, 420, 467, 468,
471 IPC.
ORDER
Accused persons Chander Shekhar, Trivedi, Shivratan
Singh, Vibhuti Bhushan Pandey, Principal, Ram Pal Trivedi
Inter College, Clerk, Rampal Trivedi Inter College,

are

summoned for offences under section 409, 420, 467, 468,

471 IPC. Complaint be filed within 7 days, list of witnesses be
file. Put up for appearance for 26.05.2010.
SD/- Addl Chief Judicial Magistrate
Room No. 26 Lucknow
//TRUE COPY//

URGENT/IMMEDIATE
Office: Assistant Director, Local Fund Audit Department, U.P.,
Lucknow Division, Lucknow
Letter No. Programm/Right to Information/0607
Dated 8 December 06
District Audit Officer, Lucknow
Shri Sunil Kumar Awasti, Assistant Teacher, Rampal
Trivedi Inter College, Gosainpur, Lucknow, resident of Sector
4/565, Vikas Nagar, Lucknow, has sought information under
Right to Information Act, 2005 from point 1 to 4, in which he
sought audit report for the year 2001-2002 to 2004-06.
Original is annexed for necessary action with the direction
that necessary required action be taken in the said application
within 7 days and ensure to inform the undersigned about the
action taken.
Enclosure As above
Original

Sd/B.N.Ojha
Assistant Director

Endorsement No. Programm/Right to Information/06-07

dated as above.
Copy to:

Shri

Sunil

Kumar

Awasti,

Assistant

Teacher,

Rampal Trivedi Inter College, Gosainpur, Lucknow, resident of

Sector 4/565, Vikas Nagar, Lucknow, to the effect to kindly
contact District Audit Officer, 95, Sanjay Gandhi Puram, Ram
Adhaar Ka House Makaan, Lucknow, in this regard.
Sd/- (B.S. Ojha)
Assistant Director
//TRUE COPY//

Telephone No. 0522/1453

Office of the District Audit Officer, Local Fund Audit
Department, Uttar Pradesh,
No.1453

Dated 11.12.2006

Sushil Kumar Awasthi.

Your letter dated 6.12.06, for seeking supply of the
certified copy of audit report for the year 2001-02 to 2004-05
under Right to Information Act, 2005, in compliance of the
same certified copy of the audit report from the year 2001-02
to 2005-06, is being made available to you personally in the
office in afternoon of 11.12.2006.
Enclosure: As above
Sd/- (Neeraj Kumar Gupta)
District Audit Officer, Lucknow
Endorsement No.
Copy to: Assistant Director, Lucknow Division, Lucknow/
Public Information Officer for information.
Sd/- (Neeraj Kumar Gupta)
District Audit Officer, Lucknow
//TRUE COPY//

T-133
Local Fund Audit Department, Uttar Pradesh, Allahabad
Audit Report- Part-I
Name of the Account: Ram Pal Trivedi College, Gosaiganj,
Lucknow.
Duration: 2001-2002 to 2003-2004
Administration:
During the above period, administration of the society
was in the hands of following office bearers.
Manager:- 1.

Shri

Ramesh

Kumar

Tripathi

was

the

authorized controller of the society under

District School Inspector 2001-2002
2.

Shri Chander Shekhar Trivedi remain at the

post of Manager of the society from the year
2002-03 to 2003-04

Principal: 1.

Shri Om Prakash Awasthi, held position as a

Principal of the society in the financial year
2001-02

2.

Shri Lal Ji Lal, worked as principal of the

society from the year 2002-03 to 2003-04

Form of Audit.

Details of the unsolved sub-audit:- As per

Appendix-Ka
Remarks: As per the details made available at the time of
audit

objections

mentioned

in

the

Appendix

Ka,

were

disposed.
Sd/- (Neeraj Kumar Gupta)
District Audit Office, Lucknow
//TRUE COPY//

T-133
Local Fund Audit Department, Uttar Pradesh, Allahabad
Audit Report - Part-II
Name of account:

Ram

Pal

Trivedi

Inter

College,

Gosainganj, Lucknow
Duration:

2001-02 to 2003-04

Serious irregularities found in the audit.

-zeroSd/- (Neeraj Kumar Gupta)
District Audit Officer, Lucknow
//TRUE COPY//

T-133
Local Fund Audit Department, Uttar Pradesh, Allahabad
Audit Report - Part-III
Name of account:

Ram

Pal

Trivedi

Inter

College,

Gosainganj, Lucknow
Date of Audit:

Audit started on 19.3.05 and ended on

24.3.05

1-

Financial Status:
During the period, as per the records placed by the

society for audit financial position found as per the following

appendix.
Remarks:
(I)

In the details mentioned in the appendix, on 31 March

04 while rectifying the differences in the rokahbadi remaining

and remaining bank accounts clarify the position.
(II)

In the account of scholarship for Schedule Caste and

Schedule Tribe procedure adopted for blocking huge amount

in the bank account in the end of last years which was the
sign of serious financial irregularities. So that in the end of
the year proceeding for returning the remaining undistributed
and scholarship amount to the Department of the State was
required.

(III) Financial details is mentioned in Appendix (ga) and

(Gha).
2-

Government grantCertified that during the period society has used the

sanctioned and following Govt. grant in the same purposes for

which same was given. In the said use if a any provisions or
restrictions are violate same are mentioned at the relevant
place.
Year

Details of Grant

2001-2002

1- Salary Grant
2- For honorarium to the

Amount
67,50,309=20
98,227=00
_____________
68,48,537=20

subject specialist.
2002-2003

1- Salary Grant
2- For honorarium to the

64,89,743=00
62,52=00
_____________
65,52,163=00

subject specialist.
2003-2004

1- Salary Grant
2- For honorarium to the
subject specialist.
3- Cheque
amount
received for income tax
4- Cheque
amount
received for L.I.C.

Remarks:

69,91,176=00
59,440=00
1,39,350=00
2,84,258=00
_____________
74,74,258=00

(I)

Besides the above grants received by the society during

the said period, no other Recurrent / non-recurrent grant

received, should be confirm.
(II)

Details of Grant is mentioned at Appendix { }

(III) Fixed

portion

of

the

determination

fee

income

is

transferred in the salary paid account.

During the period the fixed portion of the fee income
received by the society, has been transferred in the salary
account.
Year

Details of Grant

Amount

2001-2002

1- 80% and 85% of the

Fee Income
2Deposited
vide
challan
in
the
Treasury

18,869=00
1,55,827=00
_____________
1,74,696=00
_____________

2002-2003

1- 80% and 85% of the

Fee Income
2Deposited
vide
challan
in
the
Treasury

11,356=00
1,45,445=00
_____________
1,58,801=00
_____________

2003-2004

1- 80% and 85% of the

Fee Income
2Deposited
vide
challan
in
the
Treasury

11,552=39
69,643=00
_____________
81,195=39
_____________

Remarks: In the year 2002-03 in the salary account of the

additional salary of part of prescribed fee income, deduction
was made for reminder cheque and reimbursement of the

amount, society has deposited 150/- in the salary account

which has been adjusted in the income of Salary account.
(II)

Be certify that any amount of the fee income amount to

be transferred in the salary account is not remain pending.

4-

As per the previous audit report after the maturity of the

circulars of the appropriated fund in the reserved and

endowment funds and their interest amount he deposit in the
maintenance fund and original amounts of the circulars are
further appropriated as under:Sr. Type of appropriation
No.
1.
UCO
Bank
Kuber
Scheme

Date
of Maturity
maturity
value
Deposit 22.8.2011 23,350/-

deposit

receipt

dated

22.8.03,

No.825948

Rs.14,500/- appropriated @ 6%
interest for 96 months
2.

Union Bank Amithi Term deposit 5.2.2007

Receipt
1.12.03

No.2566548
for

17,360/-

dated

Rs.11,400/-

appropriated @ 8.50% interest

for 60 months
3.

United

Bank

deposit

Receipt

Amithi

Term 5.2.2008

No.2566547

dated 5.4.03 appropriated @

7.50% interest for 60 months
Remarks:

Unknown

As per the previous audit report, on withdrawing the

appropriated amount of Rs.14,500/-, interest amount of
Rs.11,215=00 and joint interest of the appropriated amount
of Rs.11,400/- and Rs.5,000/-

of

Rs.7,104/-

is

shown

deposited in the maintenance fund respectively on 11.9.03

and 1.12.03 and was deposited in the bank account and same
has been verified in the present audit.
(2)

Details of the grant is mentioned in Appendix (gan).

5-

In the

event

of

not

making the physical

annual

verification of the entries made in the Stores register of the

sustainable
officer,

materials/

there

embezzlement:immovable

is

(properties)

every

Entries

property

etc.

from

possibility
of

the

such

as

of

the
their

competent
misuse/

sustainable

material/

furniture,

electricity

equipment computer, television, land building, shop etc. be

made in the permanent register and society head has the
individual responsibility for its annual physical verification,
which the society has not discharged. It appears. As such
there are possibilities for misuse or embezzlement of the
permanent materials of the society.
It is expected from the higher officials of the society that
they should made the physical verification of the permanent

materials from the competent authority and it would be the

financial interest of the society to get certificate to this effect
on the registration.
Therefore above proceeding be complete in the above
manner and ensured to record position at the time of the
further audit.
6-

The fund of the institution is unnecessarily blocked in

the bank accounts by the institution.

It has been seen in the audit that no transaction is made
in the Scholarship Account No. (specification) Union Bank
Amethi account No.290003 Maintenance Account UCO Bank
Aminabad Account No. 987, Development Account UCO Bank
Account No.4451 and salary account with Zila Sahkari Bank,
Gosainganj, Account No. unknown, from the last many years.
Thus unnecessary blocking the fund of the society in the bank
account was also sign of serious irregularity. By not operating
the accounts unnecessarily deduction was being made as a
service charges by the bank, which was clear case of causing
financial loss to the society.
Therefore it is expected from the society head to
immediately stop such type of unnecessary bank account and
deposit the rest amount in the society fund and clear the

position at the time of verification and audit and return the

govt. fund.
7-

Without obtaining the sanction from the competent of

the Education Department the land property of the school, by

fits and starts remove from the school and transferred in the
unregistered institution, causing huge loss to the school.
Clear directions has been given in the section 5 of Uttar
Pradesh Educational Institutions (Prevention of Dissipation of
Assets) Act, 1974, that from the date of enforcing of this Act,
management committee of the every institution shall have to
handover the list of the property to education director. It was
provided in section 5 of the above act that property of the
school of institution, obtained without the permission of the
education

director

(not

based

on

the

interest

of

the

institution) cannot be transferred.

After the enforcement of the above act, it appears that
the then Managing committee of the school, has not complied
section 3 of the above Act. If compliance is made then the
factual status is not informed in the audit. It should be clear
at the time of further audit.
Above Act is enforced for the audit of the institutions
from the year 1974-75 and from the date of initiation it has

been mentioned in the audit report that property of the

institution

is

removed

from

the

name

of

school

and

transferred in the name of Sarvodaya Sewa Sansthaan. It

came to know from the government orders received from the
concerned govt. and information and audit reports and
reserved letters of the maintained site that the court of the
Sub Divisional Officer, Mohanlal Ganj, Lucknow, vide order
and judgment in the case Sarvodaya Sewa Sansthan vs.
Sarvodaya Inter College, Gosainganj, Lucknow case No.67/50
year 1976-77 for correction of documents, (under section
33/39 Uttar Pradesh Land Revenue Act, on the basis of the
application

of

Shri

Ramlal

Trivedi

Manager

Sarvodaya

Sansthan Gosainganj, Lucknow dated 20.7.76, Sub Divisional

Officer, Mohanlal Ganj has, vide orderdeleted the name of the
Manager of Sarvodaya U.M. Vidyalaya Gosainganj, Luckow
from the property situated at Village Sadarpur Karora,
Khatoni No.109, Koriyani Khatoni No.23, and Bhigoti Adampur
Khatoni No.237, and entered name of Sarvodaya Sewa
Sansthan, Gosaiganj, Lucknow.
Remarks. After the enforcement of Uttar Pradesh Educational
Institutions (Prevention of Dissipation of Assets) Act, 1974, as
per section 3 of the Act, list of entire permanent property of
the institution should have to be made available to the

Educational Director ( Secondary Education). Society has not

complied with the same. If complied they not ensured to
mention the same in at the time of audit report. Factual
status be apprised.
(2)

As per the provisions of section 5 of the above Act, if

transfer of the immovable property was necessary in the

interest of the school in favour of other institution, then
without

getting

its

permission

from

the

educational

department, its transfer was irregular.

(3)

As per reserved file spot letter received from the

maintained govt. information, orders, transfer of the property

of the school has made in the year 1976 in favour of the
institution, whereas institution Sarvodaya Sewa Sansthan
Gosainganj, Lucknow has no legal existence. Sarvodaya Sewa
Sansthan Gosainganj, Lucknow was first registered under
Society Registration (Act No. 21, 1860) Society 18708 (B) File
n. 7-I-66060 dated 28.3.1860, Vide certificate No. 74241980-81 on 24.3.81. As such legal existence of the Sarvodaya
Sewa Sansthan Gosaingaj, Lucknow was made much prior to
23.4.1981 in November 1976 and hence there was no
justification for the transfer of immovable property in favour
of the non-existence institution Sarvodaya Sewa Sansthan.

Why such act was done and what was the intention, be
clarify.
8-

Rent received from the shops constructed at the; and in

the school (premises) is not deposited in the school fund and

huge amount is misused from the last many years and not
taken any action.
Local Fund Audit Department, Uttar Pradesh, Allahabad,
is constantly conducting the audit of the school from the year
1974-75, in which at end objection is being raised that if any
income is not obtained from the land building by the society
and if obtained then at least this amount is not deposit in the
school fund and concerned records are not produced in the
audit for verification. For its redressal , after the review of the
maintained letters ( Departmental and government and other
received letters and file)it found that Gram Sabha Koriyani
situated at Gosainganj, given the land for operating the
school , at old Gata No. 463 Area 8-14-7 Category 9-2
(presently gata No.475. As has been mentioned in the order
and judgment in Case No.14/99-2000 Ram Pal Inter College
through Manager Sarvodaya Sewa Sansthan vs. Gram Sabha
Koriyani, U/s 33/39, before Land Revenue Officer , b the
Deputy Collector, Mohanlal Ganj on 18.12.1999.

It is clear mention in the judgment of the Deputy

collector that school is running in the referred land in the suit,
which as per the report of the Tehsildar, its ownership is
recorded in the name of the School in Govt. records.
Sarvodaya Sewa Samiti Gosainganj, Luckow, has filed case
for removing the name, in which is recorded in the name of
school, and for transfer in the name of Sarvodaya Sewa
Samiti, Gosainganj, Lucknow, and vide judgment it was clear
that it is not possible to transfer the building (premises) of
the school.
In

the

light

of

same

further

Sarvodaya

Samiti,

Gosainganj, Lucknow has applied for recording its name in the

land (premises) of school before the Court, and court has
accordingly dismissed the application.
Here it is clear from the review of the documents that
building (premises) of the school, is still not vested with
Sarvodaya Sewa Samiti, Gosainganj, Lukcnow but is vested in
the name of School and its ownership is also recorded in the
name of school.
It

is

the

view

of

Audit

that

the

rent

from

the

building/shops constructed on the land of school and the

income obtained from other uses, should be directly deposit in

the School fund and should invest in the development work.
Remarks.
1-

After the decision of dispute of land (premises) of

school, he income being obtained from these constructed

building/shops, be deposited in the account of the School and
also maintain the concerned audit records and the details of
rent/income obtained earlier be clarify in the forthcoming
audit.
2-

Allotment

of

the

shops

and

prescribed

rent

and

agreement made with the allottees and the concerned files be

necessarily made available in the forthcoming audit.
9-

Not producing the record of Account for the use of

Agriculture land/firm of the Institution and the income

obtained from the same in the audit.
Secretary, Secondary School Board, Uttar Pradesh,
Allahabad, vide letter IB/Madhyamik 2043 dated 5 June 1965,
has given Agriculture reorganization to the School, which was
provided on 1 July 1966 permanently for High Highly under
certain terms and conditions vide Letter of the J.V. Inspector
No. CC/2017/(4)-66-67 dated 15 April 1967.

According to Uttar Pradesh Education Act, for the

recognition of Agriculture category, it was necessary that
institution should have at least 3 Acre agriculture Land.
objection have been raised from the last many years to the
institution that institution has not made available the account
of the income obtained from the agriculture land/farm in the
audit, which is a serious irregularity.
Therefore it is expected from the higher officials that the
income obtained from the agriculture form be necessarily
made available in forthcoming audit for necessary verification
otherwise case for misappropriation of the school property
can be made out for which higher level action shall be
required.
10-

Not producing the immovable property register of land

building etc. in the audit.

Details of the properties, building, shops etc. immovable
properties are not produced at the time of audit and hence
variation of the income obtained from the same could not be
done. In this regard accounts of the earnings from the
properties be made available in the forthcoming audit
11-

Possibilities for economic loss to the institution for not

making annual physical verification of the books of library.

It has been observed in the verification of the library

accounts of the society that in the last many years annual
verification of the books is not made from the competent
officer nor certificate to this effect was issued. It was a
serious financial irregularity. Therefore year wise physical
verification of all the books be made from the competent
officer and made available certificate to this effect in the
records and shown in the forthcoming audit.
12-

Books issued from the Library are not returned after the

lapse of quite long time and in absence of the proper action

for returning of the same, cause financial loss to the society.
It has been observed in the audit that in the book
issuing register of the library for year 1972-73, the books
issued are not recovered as return. It appears that no proper
action has been taken in the said case, nor any record is
placed in the audit. It is clear from such procedure that
concerned personnel has not placed in the administration nor
such action was taken. Therefore consequently books were
not returned and its cost was not recovered which cause huge
financial loss to the institution.

Attention of the head of institution is draw towards the

case and it is expected from him to prepare list of the books
and action be taken for its returning and recovery of the cost.
13-

For misplacing the books issued from the library, its

cost was not recovered / not deposited in the treasury and

hence apprehension for misuse/embezzlement of the amount
(Rs.2,298=00)
It has been observed during the audit of the file, that in
the event of not returning the books, concerned personnel
has obtained the cost and issued no dues certificate. But no
record was maintained for the received amount. Thus register
for the no dues certificate be maintained and receipt be issue
from the institution for the relieved amount and passbook be
shown for the deposit amount and receipt. If institution is
failed to do so then it is the clear apprehension for misuse/
embezzlement of the amount. On the basis of the no dues
certificate produced in the file, details of the obtained amount
is shown as under, and there is no record showing its deposit
and hence doubtful position arose, be confirm its deposit.
Date

Received amount

26-6-1999

97=74

26-2-2001

36=83

30-5-2001

218=35

1-7-2001

108=75

14-7-2002

568=34

Received from Mohd Ibrahim

42-80

Received from Mishri Lal

36=00

12-4-2003

699=57

3-11-2003

779=00

12-2-2004

147-58

23-2-2004

264=00
Total 2,298=16

Audit Report Part-III is zero

Place: Lucknow
Dated 31/3/2005
Siya Ram Singh
Senior Audit Examiner
Sd/- (NEERAJ KUMAR GUPTA)
District Audit Officer, Lucknow
//TRUE COPY//

APPENDIX (KHA)
Referred to Audit Report- Part II
Details of the disposed objections of Ram Pal Trivedi Inter
College, Gosainpur, Lucknow
Audit
year

Disposed Artile

Total
number of
disposed
objections
1974-75 3 T (1) (2) (3) (4) (Ka) (Kha), (6) 09
to
1975-76 (ka) (kha) (ga)
1976-77 3, 3T, 7, 8 (ka) (kha).

05

1977-78 3T, (1), 2, 3 (A), 6T (1) (2), 7, 9 07

(Ka) (Kha)
1978-79 3T. (1), 2, 3 (A), 5T. (1) (2) (3)(6), 13
7, 9 (Ka) T. (1) (2) (Ga), (gha)
(Gan)
1979-80 3 (1)(2) (3) (4) (1), 4 (1) (2) (5) 11
(Ka), (Kha), (Ga) Gha(
1980-81 3T. (1) (2) (3), 8 (Ka) (Kha) (ga) 07
to
1981-82 (gh)
1982-83 3T. (2) 5 T.( 1) (2) T. (1) (2) (9) 07
(ka) (2) (Kha)
1983-84 3T, (1) 5 (ka) (kha) (1), (a) T. (1) 08
(2), 4 T, 7 (ga) (gha)
1984-85 3T. (2), 5 (ka) (kha), (1), (a) T (1) 08
To

1985-86 (2), 4T. 7 (ga) (gha)

3T. (1) (2) (3), 4 T (1) (2) (3) (4)
(5) (ga) (3) (4),
6 (a) (kha) (ga) (1) (2) (3) (gha)
(gan(
1986-87 3T. (1) (2), 6T (1) (,8) (ka) (1) (2) 17
(3) (kha) (ga)
1987-88 3T. (1) (2) (4) (3) (kha) T (1) (,4T) 08
(1) (7) (ka) (1) (1) (III)
1988-89 3T.(1) (2) (,5T) (1) (,6) Kha( T (1) 14
(2) (3) (4) (,6) (ga) T (1) (2) ,7T ,8
T (ka) (kha) (ga) (gha) T.
1889-90 to 1992-93 Because

of

the

non

availability

of

records objections in the above referred years available in the

institution, is disposed on the basis of the disposal of the
objection at para No. 1 to 17 above,
1993-94 3T. (1) (2) (3) (4) (,) (1) (2), (,5) 14
to
1994-95 (1) (3) (.6) (1) (2) (,8) (1)( (2) (,9)
(ka) (kha) (ga).
1995-96 3 (1) (11) (III) (,4) T (3), 3T (1) 16
(II) (III), T (1) (II) (,8T (1) (II),
(,9) (1) (II)

1997-98 Because of the non availability of

records
referred

objections
years

in

the

available

above
in

the

institution, is disposed on the basis

of the disposal of the objection at
para No. 1 to 17 above,
1998-99 3T. (1) (2), (4) (5) (6) (7) (8) (9) 21
(10) (11),(12) (,4T) (1) (2) (3) (,7)
(2) (3), Audit Report, Part-III 1,
2, 3, 4
19992000 to
20002001

1T (1) (2) (3) (4) (,2) (1) (2) (,4) 15

(2) (3) (,6) (ka) (1) (2) (3) (4) (5)
(,6) (ga) (,6) (ch(

Note: In absence of the report of (1) 1989-90 to 1992-93, the

disposal of the objections at para 1 to 17 available on the file
of the institution after the review. 17
(2) In absence of the report of 1997-98, disposal of the
objections of para 1 to 12 of the institution after the review
12/29 Grand total 29/209
Sd///TRUE COPY//

APPENDIX (GA)
2001-02 TO 2003-04
Referred to the table of transaction of Part B Para I of the report of Municipal Council/ District Panchayat/ Nagar Panchayat/ Kshetra Panchayat
RAM PAL TRIVEDI INTER COLLEGE GOSAINPUR
Sr. No.

Name of the local unit

Initial
remaini
ng of
the 1st
April

ANNUAL INCOME

Initial
balance
(3+4)

Total
Last
annual
remains
expenses on 31
March

Rem
arks

Source
of the
income
other
than the
govt.
grant
and
Loans
4 (ka)

Unne.
Gov.
grant

Magni Govt.
fier
loan
govt.
grant

Total
income
(Ka
+kha+ga
+ gha)

4 (kha)

4 (ga)

2001-02

Salary Account

5696

174686

6848536

4
(gha)
-

4 (gan)

7023232

7028928

7004155

24773

Maintenance Account

1445

1850

1850

3295

Zero

3295

Development Account

53089

62371

62371

115460

Zero

115460

2002-03

2003-04

S.C. Scholarship

86503

428156

428156

514659

430155

84504

Handicap. Scholarship

6218

2236

2236

8454

7099

3355

Minority Scholarship

130404

1153

1153

14193

13900

293

Unique Scholarship

468

Zero

Zero

4468

Zero

4468

Salary Account

22773

156801

6552163

6708964

6733737

661911

71826

Maintenance Account

3295

10668

10668

123963

11198

2765

Development Account

115460

60669

60699

176129

20156

155973

S.C. Scholarship

84504

336323

336323

420827

142850

277977

Handicap. Scholarship

1355

32

32

1387

1105

282

Minority Scholarship

293

10898

10898

11191

1920

9271

Unique Scholarship

4468

Zero

zero

4468

Zero

4468

Salary Account

`71826

81195

7474258

7555453

7627279

7617129

10150

Maintenance Account

2765

19436

19436

22201

20463

1738

Development Account

155973

71635

71635

276608

6878

220730

S.C. Scholarship

277977

299187

299187

577164

287062

290102

Handicap. Scholarship

282

1030

1030

1312

1045

267

Minority Scholarship

9271

9107

9107

18378

1685

1527

Unique Scholarship

4468

Zero

Zero

4468

50

4418

//TRUE COPY//

FORM No. L.F.A.D. 105 APPENEIX (GAN)

Referred to the table of transaction of Part B Para II of the report of Municipal Council/ District Panchayat/ Nagar Panchayat/ Kshetra Panchayat
RAM PAL TRIVEDI INTER COLLEGE, GOSAINGANJ, LUCKNOW
Sr.
No.

Title of income

1.

Purpose of the grant received from Admin.

(a)
(b)
(c)

Education 2001-02 Govt, Grant Salary

Medical
Public Health 2002-03

(d)

Road

(e)

Other specific purpose

(f)

General purpose

(g)
Penalty imposed under Municipal Council/
District Panchayat/ Other acts
(h)

Income equivalent to the losses received

Actual of the year

Position of the grants

mentioned at para Sr No.1
Total
Total nonrecurrent grant recurrent
grant

68,48,536
68,48,536

65,52,161

74,52,258

65,52,161
74,52,258

Remarks

from ferry ghats administered by Municipal

Council/ District Panchayat/ Nagar Panchayat/
Kshetr Panchayat.
(i)

Other purpose

(j)
Equivalent to the local sub charges relating
to the district panchayat
(k)

-----------------

(l)

Loan obtained from Govt.

(m)

Loan obtained from Open Market

20874955
//TRUE COPY//

2,08,74,955

FINANCIAL STATUS (2001-02 TO 2003-04) OF THE ACCOUNTS OF RAM PAL INTER COLLEGE, GOSAINGANJ, LUCKNOW)
REFERRED TO PART-II, PARA 1 OF THE APPENDIX (GHA)
Maintenan
ce account
No. 2262
UCO Bank
Aminabad
Account
987
1
2001-02 initial remaining
Annual expenses
Total
Annual expenses
Balance on 31 March 02
2002-03 initial remaining
Annual expenses
Total
Annual expenses
Balance on 31 March 03

Development
Account No.
884 UCO
Bank
Aminabad,
Account 4451

Salary account
Union Bank,
Amethi, Khata
No. 29001 Zila
sahkari Bank
Account

Scholarship
SC/OBC
Union Bank
Amethi
Account no.
8863302

Scholarship/
Handicap
Union Bank
Account No.
10951

1445
1850
_________
3295
Zero
3295

53089
62371
_________
115480
Zero
115480

5696
7023232
_________
7028928
700415
24773

865003
428156
_________
514659
430155
84504

865003
428156
_________
514659
430155
84504

13040
1153
_________
14193
13900
293

4468
Zero
_________
4468
Zero
4468

3295
10668
_________
13963
11198
2765

115460
60669
_________
176129
10156
155973

24773
6708964
_________
6708964
6733737
71826

84504
3363323
_________
420827
142850
277977

1355
32
_________
1387
1105
282

293
10898
_________
11191
1920
9271

4468
Zero
_________
4468
Zero
4468

Scholarship
minority
Union Bank,
Amethi, Acount
No. 888260

Scholarship
unique
Union Bank
Amerthi,
Account 29003

2002-04 initial remaining

Annual expenses
Total
Annual expenses
Balance on 31 March 04
Union Bank
Uco Bank

2765
1936
_________
22201
20463
1738

155073
71635
_________
227608
6878
220730

71826
7555453
_________
7627279
7617129
10150

277977
299187
_________
57714
287062
290102

282
1030
_________
1312
1045
267

9271
9107
_________
18378
16851
1527

4468
Zero
_________
4468
50
4418

1510

220327

9950

92312

267

1527

4361=00

228

403

200

//TRUE COPY//

APPENDIX (KA)
DETAILS OF THE NON DISPOSING OBJECTIONS OF RAM PAL TRIVEDI INTER COLLEGE, GOSAINGANJ LUCKNOW
Audit Year

Non disposal report

Desig.

1996-97

Audit report not available

Unkown

Unknown

1978-79

9 (kha) T. (1) (2)

02

//TRUE COPY//

Total Number

From
Education Director (Sec.)
Uttar Pradesh, Lucknow
To
Secretary (Secondary Education)
U.P. Government
Sanskrit Education Section
Lucknow
Letter No. Tech.Edu/2660/2008-09 Dated 23 December, 2008
Subject:

With regard to the serious financial irregularities in

illegally constituting of Managing Committee in Ram
Pal Trivedi Inter /college, Gosainganj, Lucknow

Sir,
Please take reference of the above subject govt. Letter No.
535/15-9-08-2001 (33)/97 dated 14 May 2008. IN this regard it
is requested that by the referred letter of the Govt. in relation to
the complaints against Ram Lal Trivedi Inter College, Gosainganj,
Lucknow, recommendation along with explicit proposal on the
investigation report of District Audit Officer, Lucknow and Addl.
Education Director (Tech.edu), Uttar Pradesh, is expected. As
expected following report

and recommendation

along with

proposal is submitted.
1.

Permission was granted by the Deputy Director Education,

Lucknow vide letter No dated 22nd June 1974 to amend the
name of the Sarvodaya Inter College, Gosainganj, to Ram
Pal Trivedi Inter College, Gosainganj, Lucknow. Court of
Sub Divisional Officer Mohanlalganj, Lucknow, vide order
dated 22.11.76, in case No. 67/50 Year, 1976/77, 65 Bigha

Land of the Sarvodaya Inter College, Gosainganj, Lucknow

(changed name Rampal Trivedi Inter College, Gosainganj,
Lucknow) was recorded in the name of Sarvoday Sewa
Sansthan, Gosainganj, Lucknow. Land of the Sarvodaya
Inter College, Gosainganj, Lucknow (changed name Rampal
Trivedi Inter College, Gosanganj, Lucknow) was recorded in
the name of Sarvodaya Sewa Sansthan, by concealing the
material facts. PS. Wazir Ganj, Lucknow has lodged First
Information Report on 14.07.1999 under section 7 of the
Uttar Pradesh (Prevention of Dissipation of Assets) Act,
1974. Accused, the then Manager of the Institution Shri
Ram Shankar Trivedi, has since been died. In relation to the
misuse/misappropriation of the property of the institution,
case is pending against the then Manager before the Court.
Since because of the sudden death of Shri Ramashankar
Trivedi, hence for changing land in question of the
institution in the name of Sarvodaya Sewa Sansthan,
Gosainganj, Lucknow, no action can be against the primary
accused Shri Ramashankar Trivedi. Therefore please take
advice from the Justice department of the Government
regarding

transferring

suppressing

the

facts

the

land

of

the

so

that

after

institution

the

by

appropriate

proceeding land could be further transferred in the name of

institution.

2.

Rent for the shops constructed in the premises of Rampal

Trivedi

Inter

deposited

in

College,

Gosainganj,

account

of

Lucknow,

Sarvodaya

Sewa

is

being

Sansthan,

Gosainganj, Lucknow with State Bank of India, Gosainganj,

Lucknow, which should be deposited in the account of the
institution for the interest of institution. For violating the
provisions of Uttar Pradesh Educational (Prevention of
Dissipation of Assets) Act, 1974, Manager of the institution
is responsible. Therefore for the above irregularities, prima
facie sending of notice is expedient in view of the Section
15 Gha of Sub Section-3, Part-5, of the Intermediate
Education Act, 1921 (As emended), under section 16Gh Sub
Section-5 of the above referred Act. Accordingly two copies
of the format of show cause notice is annexed herewith.
Enclosure: As above
Yours faithfully
Sd/- 22.12.08
(Krishan Mohan Tripathi)
Education Director (Sec.), U.P Lucknow
//TRUE COPY//

GOVERNMENT OF UTTAR PRADESH

SANSKRIT EDUCATION SECTION
No. 811/15-9-2001(33)/97
Lucknow, Dated 03 July 2009
OFFICE MEMO
Serious irregularities by the management of Rampal Trivedi Inter
College, Gosainganj, Lucknow in the school, is came into the
cognizance

and

in

view

of

the

said

irregularities

of

the

Management , as per the information available, following charges

have been confirmed against the management of the society.
1-

Rent for the shops constructed in the premises of Rampal

Trivedi Inter College, Gosainganj, Lucknow, is not depositing in

the relevant account of the society and above amount irregularly
being deposited in the account of Sarvodaya Sewa Sansthan,
Gosainganj, Lucknow. The shops constructed in the premises of
the Institution are the property of institution. Therefore use of
income from the shops is expected for the welfare of the society,
but contrary to the above expects rent of the above shops are
deposited In the account of Sarvoday Sewa Sansthan, Gopaganj,
Lucknow. Society. Management of the society is responsible for
the above misappropriation.
2-

For prevention of the above irregularities, notice under

section 16-D (2) of Secondary Education Act, was issued at the

Directorate level to the concerned Manager, but management is

not making any effort to remove the said irregularities. In view of

the above it has been proposed by the Directorate that
encroaching the management with immediate effect under
section 16 D (8) of Secondary Education Act, Co-director of the
District school be appointed as authorized controller. In the
above

mentioned

circumstances

it

has

been

found

that

management has caused loss to the govt. fund and Management

is prima facie guilty for the said criminal act.
For the above criminal act of the Manager of Institution,
following causes are available under section 16-D, Sub Section 3,
part-2 of the U.P. Secondary Education Act, 1921 (as amended),
for which it became necessary to take appropriate action against
the management of the institution. Therefore in regard to above,
notice is being give to the Management of the institution under
section 16-D sub Section 4 of the U.P. Secondary Education Act
1921 (as amended) that they should clear the factual position on
the points mentioned in the notice within 15 days of the receipt
of this notice.
Under the above circumstances, Statement Govt. came to
the conclusion that in the interest of the institution in question,
and for the purpose to prevent the dissipation of the govt. fund,
management

committee

should

be

dissolved

immediately.

Therefore while using the power vested under section 16-D sub

section 8 of the U.P. Secondary Education Act, 1921 (as

amended) Governor has passed the order for dissolving the
Management Committee and during the period of suspension Codirector of the District school is appointed as authorized
controller for the management of the assets of the Institution.
Sd/- (Ruder Kumar Gupta)
Special Secretary
No. dated as above
Copy to the following for information and necessary action
1.

Director, U.P. Allahabad, Lucknow

2.

Joint Education Director, Lucknow.

3.

School Inspector, Lucknow

4.

Add. District School Inspector, (Ex Officio) Authorised

Controller, with two copies of the order, with direction that
one copy of the same be handed over to the Management
and ensure for acknowledgment on another copy and take
charge of the institution and informed the Education
Director, Secondary Education and Government.

5.

Accountant General Third, U.P. Allahabad

6.

Manager, Ram Pal Trivedi Inter College, Gosainganj,

Lucknow

7.

Guard book.
By order
Sd/- (Ramesh Chander Uttam)
Deputy Secretary
//TRUE COPY//

From
District School Inspector
Lucknow
To
Deputy Education Director (Vya.Shi.)
Directorate of Education, U.P. Lucknow
Letter No. 105-09/2008-09/dated April 2009
Subject:

Transmission of the Report in compliance of the order

dated 21.1.2009 passed by the Hon'ble Supreme
Court in Writ petition No. 270/M.S./2009 Shri Ashok
Trivedi vs. State of UP & Ors.

Sir,
In compliance of your above letter No. (1)Shi/waad/943439/2008-9/ dated 3.2.2000 a copy the report is being forwarded
for further action at your end.
Enclosure As abovr
Yours faithfully
Sd/- District School Inspector
Lucknow
Endl. No. 108-09/2008-9/Dated as above
Copy to the Joint Education Director, Division Lucknow, along
with a copy of the report for further necessary action.
Enclosure: As above
Sd/- District School Inspector
Lucknow
ORDER
Today accused Suresh Chander has surrendered before the Court
and while filing application for surrender stated that accused has
been released by the Hon'ble High Court on parol in Criminal

Appeal No. 2811/2008, filed against the order in session Trial

No.237/06 and Session Trial No. 245/06 U/s 302/34 and 4/ 25
Arms Act, PS Kotwali Hathras, vide order dated 14.5.2013 from
20.05.2013 to 17.08.2014 at personal bond of Rs. Three lacs and
the surety of the like amount to the satisfaction of the Hon'ble
Court. As per the order of the Hon'ble Court applicant was to be
surrendered before the Court till 17.08.2013. Therefore as per
the

order

of

the

Hon'ble

High

Court

today

applicant

is

surrendering before the Court.

Head and perused.
In compliance of the order passed by the Hon'ble High Court in
Criminal Appeal No.2811/2008 dated 14.05.2013 Accused Suresh
be taken into judicial custody. Accused be sent to District Jail
Firozabad as per rule. In this regard information be sent to the
Hon'ble High Court in above appeal.
Sd/- (Mahesh Nautiyal)
Addl. Session Judge
Court No.7, Hathras
17.08.2003
//TRUE COPY//