Educational Matter

[Anupam Verma]

Respected Sir, Very good Morning.

I am a students who hails for very humble farmer’s family background. Got the benefit of Post Matric Scholarship (Government of India through UP State; being implementing agency) in 2010 for the course of Commercial Pilot Lisence for training in the institute situated at Ujjain, MP. I was issued false certificate by institute and they have not provided training for 4 years; they have misappropriated not only Govt. fund in my case but in the case of several similarly situated students. I approached Hon’ble Allahabad High Court (WP 3903 MB of 2014 & 9798 MB of 2014; In Person due to unavailability of Money) for transfer of scholarship amount to another flying School situated at Amethi Uttar Pradesh; Hon’ble High Court passed an order for enquiry from independent agency. Chief Vigilance officer Pawan Hans has submitted his report. Vide order dated 10/07/2014 Hon’ble High Court granted me interim relief for directing respondent institute of MP to refund the amount and the said amount be submitted at institute at Amethi UP. Institute of Ujjain approached supreme court by filing SLP 19781 of 2014, wherein I also appeared in Person as I was hardly with the some money. On 27/11/2014 SLP was dismissed in my favour.

Institute of ujjain when got nothing in their favour they approached district court at Ujjain for a case against me under section 406, 417 & 420 and another case under section 506. On 4th September 2017 after the lapse of 3 years court has accepted that case and notices are issued to for the fist time to me by the Learned CJM at Ujjain to appear on 28th October before the Court concerned. These summons are not yet been made available to me, but some my wellwisher has informed me about these proceedings. Basically they are criminals as has also been established vide aforementioned enquiry report of CVO. I have no problem in facing the case but If I will go to Ujjain they will definetly physically harm me or can frame some other false charges. Sir please enlighten about the appropriate remedy keeping in view about my pathetic financial condition and also keeping in view that My reaching in MP will also result in various avoidable controversies. It is also pertinent to inform that Plea of these false cases has been taken by institute of Ujjain by filing a copy vide their counter affidavit at Hon’ble High Court at Allahabad and also in SLP at supreme court; Hon’ble High court at Lucknow also opined that petitioner was no where at fault. This false case under aforesaid sections was filled in 2014 by the institute at Ujjain after my filing case at Hon’ble Allahabad High Court, whereas I left institute in early months of 2010. The owner of the Flying school at Ujjain was also working as Director Flying Training in the office of Director General of Civil Aviation, whose services were also been terminated after that said inquiries. The security clearance of these people was also turned down by IB for the involvement in financial bungling.

[Dr. Ashok Dhamija]

If you really feel security risk while visiting Ujjain, you may file a transfer petition in the high court or Supreme Court for transfer of the case to some other place (if it is for outside state transfer, you may have to approach the Supreme Court). If you can convince the court, the case may be transferred to some other place, or else some security may be provided to you.

However, in the absence of transfer of case being ordered, you have no option but to appear in the court at Ujjain if you are summoned to appear there. You can also file an application for quashing of the proceedings (in high court) or discharge application (in trial court), depending upon the nature and stage of the case against you. All the relevant facts mentioned by you in your question may be shown to the court in such application.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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