JUDGMENT B.P. Dharmadhikari, J. (Oral) - Heard Advocate Dhatrak for petitioner and Shri D.P. Thakare, learned Addl. GP for respondents. Hearing is in furtherance of order dated 27/06/2018. 2. Our attention has been also invited to order dated 25/02/2016. Perusal of that order reveals that one more PIL namely PIL No. 26/2013 was also being heard alongwith this PIL as same issue was involved there in. Today, it is not in dispute that because departmental enquiries in that matter were completed, on 08/11/2017 that PIL has been disposed of. 3. On 25/02/2016, we have recorded a statement that departmental enquiries would be completed within six months from that date. Those enquiries are still going on. On 08/11/2017, lack of cooperation from respondents in the matter was noticed and costs of L 10,000/- was imposed upon respondents. That amount has been deposited accordingly. On 17/01/2018, we have taken note of the fact that respondents did not point out result of any inquiry and compliance with earlier assurance dated 22/08/2013. That assurance was in relation to enquiries at Ghatanij, Ralegaon and Kelapur talukas. As amount of L 10,000/- was deposited, we directed respondent nos. 1 to 3 to recover that amount from officers found guilty in the matter. On 21/02/2018, we have taken note of the fact that explained in reply affidavit. On 28/02/2018, respondent no. 2/Secretary was present with learned AGP. The matter was then considered on 27/06/2018 when we have passed the following order:- "1. After orders of this Court dated 17th January, 2018 some affidavits are filed recently and counsel for the petitioner is seeking time to go through the same and assist the Court. The grievance is in relation to misappropriation (alleged) in Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS). 2. During hearing, it transpired that the period when works may have been executed is prior to March, 2012. The learned Additional Government Pleader very fairly stated that some records have become available while some are still being traced out. According to him, on the basis of available records police complaints have been filed and chargesheets in departmental enquiries are being prepared. 3. After almost six years, on the basis of incomplete records the exercise is proceeding further. 4. In few matters earlier we have expressed our concern because of public interest involved and loss to public revenue. According to him, on the basis of available records police complaints have been filed and chargesheets in departmental enquiries are being prepared. 3. After almost six years, on the basis of incomplete records the exercise is proceeding further. 4. In few matters earlier we have expressed our concern because of public interest involved and loss to public revenue. Public revenue already lost because of the alleged misappropriation is one facet while the time and energy of executives and judiciary now taken is another facet. 5. If in all such matters the Government is not in position to act promptly and belated actions are initiated only after directions of this Court. It is apparent that it will be in public interest to have a specialized and independent machinery to monitor such aspects. Such machinery may be required to be kept free from influence of executives also. We will consider this aspect again after three weeks when the matter will be looked after hearing both the sides. 6. List the matter after four weeks. Steno copy granted" Thereafter affidavit of Shri Eknath Dawale has been filed on 31/07/2018. Alongwith said affidavit at Annexure R-5, there is a chart which briefly points out the developments. 4. PIL itself is of year 2013 and complaint made by petitioner is of year 2012. Facts to be looked into pertain to year 2010-11 and 2011-12. Chart shows receipt of a report of enquiry committee on 21/09/2012 and then filing of a complaint in police station under Sections 490,467,468,471 read with Section 120 of the Indian Penal Code on 26/06/2014. It is further mentioned that economic offences being at Yavatmal, arrested 7 accused persons on 15/05/2018. Some of the arrested employees have also been suspended pending enquiry. In clause no. 6 of this chart, it is pointed out that one employee expired, departmental action against 35 officers/employees is over and orders imposing punishment upon others are approved by State Government. Steps to serve punishment orders upon them are being taken. It is also pointed out that necessary sanction to file charge-sheet is given on 30/05/2018 and charge-sheet has been presented recently on 09/07/2018. 5. Advocate Dhatrak has invited our attention to the fact that there was more than 100 times rise in the expenditure in these two years and the report submitted by the Collector on 21/09/2012 appreciates these facts. 6. During argument, learned Addl. 5. Advocate Dhatrak has invited our attention to the fact that there was more than 100 times rise in the expenditure in these two years and the report submitted by the Collector on 21/09/2012 appreciates these facts. 6. During argument, learned Addl. GP submitted that full records were never available and are still being traced out. We have also taken note of this position in para no. 2 of order dated 27/06/2018. 7. In a matter where financial irregularities are involved, we fail to understand how charge-sheets could have been presented or enquiries could have been completed if all records are not available. It appears that things have started moving only after PIL was filed. If very same set of documents are required to deal with the delinquents in PIL No. 26/2013, it is beyond comprehension as to how enquiries against them could have been completed. We have disposed of that PIL on 08/11/2017 accepting the statement that departmental action is over. Unholy nexus between employees, supervisory staff and politicians cannot be wholly ruled out. 8. Today, in PIL No. 34/2015 concerning FDCML, we have found orders of this Court to conduct audit being breached and we have directed handing over of enquiries to Central Bureau of Investigation. There also, records are found missing or not traceable. It is, in this backdrop that on 27/06/2018, we have expressed the need of having an independent machinery in public interest to keep an eye on matters in which time bound action is necessary. In such matters, relating to MGNREGS, if vouchers or attendance registers are missing, the extent of work done or payment actually received by workers cannot be ascertained. In PIL, Advocate appearing for FDCML had therefore made a novel attempt on the basis of auditor''s report certifying the plant growth. Contention was to accept the expenditure as reported. 9. Delay in enquiries helps delinquents to retire smoothly and also to avoid departmental enquiry if period of 4 years as prescribed in Rule 27 of Maharashtra Civil Services (Pension) Rules, 1982 is lost as records are misplaced. 10. We therefore find holding of departmental enquiries or filing of police complaint all not satisfying the standards of transparency which democracy demands. On the contrary, only to some how get rid of the Court litigation, hasty steps appear to have been taken. Administration of justice may have been a casualty in the process. 10. We therefore find holding of departmental enquiries or filing of police complaint all not satisfying the standards of transparency which democracy demands. On the contrary, only to some how get rid of the Court litigation, hasty steps appear to have been taken. Administration of justice may have been a casualty in the process. 11. In view of this, we find that all matters where the allegations and misappropriation are levelled & financial irregularities are prima facie apparent, same must be reported to an independent agency which should thereafter monitor its day-to-day progress so that time is not lost & benefits accused persons or delinquent officers. We have already taken note of shelter of Rule 27 of Maharashtra Civil Services (Pension) Rules, 1982 being taken in such matters by employees. Responsibility to maintain records, to preserve records is of Government employees. When they or their colleagues see to it that records do not become available, a common man or a tax payer is not expected to be a mute spectator to this situation. Employees or Officers cannot be allowed to walk free because charges cannot be established or offence cannot be punished. Entire system or department cannot take advantage of its own wrongs to validate the misconducts. In other matters, we have therefore passed an order and we are trying to find out whether liability can be collectively fastened on entire department in such matters. No Court can tolerate this state of affairs. Politicians or bureaucrats cannot hoodwink the "law" like this. 12. In this situation, taking overall view of the matter, we find that such matters arising out of the departments of State Government need to be looked into immediately in public interest by an independent committee which shall not be influenced by any other considerations. We therefore appoint a committee consisting of a Retired Hon''ble Judge of this Court Shri R.C. Chavan and a Retired then District Judge Shri K.B. Zinjarde. The Committee member shall receive necessary assistance in relation to its office infrastructure and other facilities from State Government. Their honorarium shall be as paid to other Judges on similar assignments by State Government. 13. All pending grievances in which police complaints have not been filed shall be reported to such committee by concerned department through their Secretaries within four weeks after the committee starts functioning. Their honorarium shall be as paid to other Judges on similar assignments by State Government. 13. All pending grievances in which police complaints have not been filed shall be reported to such committee by concerned department through their Secretaries within four weeks after the committee starts functioning. The committee shall thereafter monitor the same so as to see that the wrongs are taken to logical end as per law. 14. With these directions and observations, we dispose of present PIL. No costs.