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2018 DIGILAW 25 (MAN)

R. K. PREMJIT SING v. STATE OF MANIPUR

2018-05-31

KH.NOBIN SINGH, R.SUDHAKAR

body2018
JUDGMENT AND ORDER : R. SUDHAKAR, J. 1. The prayer in the PIL read as follows: i. Call for the records of the case and issue rule nisi calling upon the Respondents to show cause as to why the prayer prayed for by the Petitioner should not be granted. And, after hearing them your Lordships may make the rule absolute; ii. Issue a writ of Mandamus and/or any other appropriate writ/order/direction directing the Respondents to (a) put an end to the misuse, misappropriation and mismanagement of funds sanctioned for the benefit of the job card holders under the MGNREG scheme, (b) provide at least 100 (hundred) days of employment to those who seek employment, (c) pay Unemployment Allowances to those who cannot be provided employment, (d) pay the wages of those who put in a number of days of work, and (e) utilize the scarce public resources for the benefit of the poor job card holders; iii. Issue any appropriate writ/order/direction directing the Respondents to fix responsibility for the illegal and irregular practice of misappropriation of public money and punish them as per law; iv. Issue any appropriate writ/order/direction for the constitution of a CBI enquiry, judicial enquiry or any other appropriate Commission, as the Hon'ble Court thinks fit, to enquire into the rampant and large scale misappropriation of public money; v. Pass any other appropriate order/direction that this Hon'ble Court deems fit and just in the interest of justice. vi. Award cost of the Petition to the Petitioner." 2. Similar issue was considered by this Court in PIL No.5 of 2012 and decided on 22.05.2018 in the following manner. 3. The Public Interest Litigation focuses on gross misused of the funds allocated for implementing the scheme by Mahatma Gandhi National Rural Employment Guarantee (MNRGES). This scheme was introduced with an object of providing daily employment to the people living in the rural and far flung hilly areas so that they sustain themselves and the family on manual labour. 4. Over the period of time, it appears that the scheme has been severely breached and misused. The object of providing employment has become a source of competition. Time and again people all over the country have been approaching the Courts and authorities to ensure that the Mahatma Gandhi National Rural Employment Guarantee scheme is implemented properly and not misused for private benefits of vested interested groups. The object of providing employment has become a source of competition. Time and again people all over the country have been approaching the Courts and authorities to ensure that the Mahatma Gandhi National Rural Employment Guarantee scheme is implemented properly and not misused for private benefits of vested interested groups. The poor labourers of the rural and hilly areas have been scare goats for unlawful enrichment by authorities. It is alleged that there is large scale misappropriation of fund by the Implementing Agency. Record are prepared to show the people have been benefited under Mahatma Gandhi National Rural Employment Guarantee scheme, for rural development works like laying of roads, canal, reclamation of land and other scheme works for benefit of all the populace of the villages. Instead of achieving this object, it appears that crores of money has been siphoned off by the vested interests with the connivance of the officials. That is the main allegations in the Public Interest Litigation. Details are submitted in the affidavit filed in support of the writ petition. The petitioner have been moving various authorities to highlight the misappropriation of funds by making complaints/FIRs, some of which has initiation of the investigation. Number of violations that had been pointed out at para no.21 of the writ petition, which relates to different type of works, is reproduced hereinbelow: "21. That it is further submitted that huge amount of money in the name of implementation of works under the MGNREGS has been misappropriated by the authorities concerned in the State of Manipur without executing any work. The particulars of the works/projects are as follows: (A) (a) That it is submitted that during the year 2010, a project called the Land Development at Liberal College, Luwangsangbam was approved by the Deputy Commissioner/District Programme Co-ordinator, NREGS, Imphal East District, Manipur for execution. The project cost approved for execution is a total sum of Rs. 11,00,000/- (Rupees eleven lakhs). In the course of implementation, the District Programme Co-ordinatior, NREGS, Imphal East District vide Order dated 12-05-2010 sanctioned a sum of Rs. 4,73,246/- and thereafter by a subsequent Order dated 19-08-2010 another amount of Rs. 6,26,754/- was sanctioned and released. True copies of the Order dated 12-05-2010 and 19-08-2010 are annexed herewith and marked as Annexure - A/7 & A/8 respectively. (b) That it is fact that the said total sum of Rs. 4,73,246/- and thereafter by a subsequent Order dated 19-08-2010 another amount of Rs. 6,26,754/- was sanctioned and released. True copies of the Order dated 12-05-2010 and 19-08-2010 are annexed herewith and marked as Annexure - A/7 & A/8 respectively. (b) That it is fact that the said total sum of Rs. 11,00,000/- (Rupees eleven lakhs) was sanctioned and released through the authorities of the Zilla Parishad, Imphal East District, Manipur for execution of the Project Work i.e. Land Development at Liberal College, Luwangsangbam. However, it is very unfortunate that the said amount has been misappropriated by the implementing authority/personnel without doing any work if development. In other words, there is/was no execution of the Project of Land Development at Liberal College and all the amount stands misappropriated. (c) That having suspicious of the situation, the Principal, Liberal College, Luwangsangbam lodged a complaint to the Deputy Commissioner/District Programme Coordinator, NREGS, Imphal East District, Manipur on 21-10-2010. The same was received by the office of the Deputy Commissioner, Imphal East under R.R. No. 3238 dated 22-10-2010. In the said complaint it has been stated that no work is executed under the said Project and all amount has been misappropriated. A true copy of the Complaint dated 21-10- 2010 is annexed herewith and marked as Annexure - A/9. (d) That however the authorities concerned failed to take any action and it has been presumed that the sanctioned amount has been misappropriated by the authorities concerned. In the situation, the Chairman, Governing Body, Liberal College, Luwangsangbam lodged a report dated 07-01-2011 to the Superintendent of Police, Imphal East District, Manipur for registering an FIR and for investigation. It has been found that the report was forwarded by the S.P. to the O.C., Heingang Police Station. However till today no FIR Case is registered and no investigation is taken up. A true copy of the Report dated 07-01-2011 is annexed herewith and marked as Annexure - A/10. (B)(i) Vide Order dated 23-03-2010, the District Programme Coordinator NREGS Imphal East District, Manipur a sum of Rs. 17,16,707/- was released for construction of IVR with side drain, culverts and shingling from Awang Potsangbam Khunou Via Keklon to Nilakuthi. A true copy of the Order dated 23-03-2010 is annexed herewith and marked as Annexure - A/11. (ii) It is submitted that the said IVR is a PWD road. 17,16,707/- was released for construction of IVR with side drain, culverts and shingling from Awang Potsangbam Khunou Via Keklon to Nilakuthi. A true copy of the Order dated 23-03-2010 is annexed herewith and marked as Annexure - A/11. (ii) It is submitted that the said IVR is a PWD road. The same is known as Koirengei Lamkhai to Potsangbam Khunou Via Nilakuthi Inter Village Road. The same is maintained by the P.W.D., Government of Manipur. The P.W.D. also constructed the side drains, culverts, shingling and black topping etc. However without doing any work the said work has been executed on papers only and all amounts released under the work has been misappropriated. (C) Vide order dated 12-05-2010 the Deputy Commissioner/District Programme Coordinator NREGS, Imphal East District, Manipur sanctioned a sum or Rs. 5,48,782/- for executing a work called land development at Ibemcha High School at Khabam. It is the real position that no work was/is executed at the spot and all money has been misappropriated. A true copy of the Order dated 12-05-2010 is annexed herewith and marked as Annexure - A/12. (D) (i) Vide Order dated 23-07-2011 issued by the DPO, Imphal East District, Manipur a sum of Rs. 17,00,000/- was sanctioned and released for the work namely Construction of road with shingling and culverts at Mongjam and Maiba Khul, under MGNREGS. A true copy of the Order dated 23-07-2011 is annexed herewith and marked as Annexure - A/13. (ii) It is submitted that the said road namely Koirengei to Mongjam Maiba Khul is one of the IVR constructed and maintained by the P.W.D., Government of Manipur. The same road was constructed with shingling, black topping, etc. by the P.W.D., Government of Manipur. It so happened that during the year 2009, renovation including black topping of the same road was done by the concerned authorities under the Pradhan Mantri Gram Sabak Yojana (PMGSY). (iii) However without executing any work all amounts sanctioned under MGNREGS has been misappropriated by the authorities concerned. A true copy of the P.W.D., road under Heingang A.C. Manipur authenticated by the A.E. Imphal East Sub-Division No. 3, P.W.D., Manipur is annexed herewith and marked as Annexure - A/14. E) Vide order dated 05-07-2012 a sum of Rs. 39,00,000/- was sanctioned and released by the DPO/Imphal East District, Manipur for 2(two) items of works. There is no work executed under the said items. E) Vide order dated 05-07-2012 a sum of Rs. 39,00,000/- was sanctioned and released by the DPO/Imphal East District, Manipur for 2(two) items of works. There is no work executed under the said items. Further the same work under item No. 2 of the order was also included in the works said to have been executed in 2009. A true copy of the Order dated 05-07-2012 is annexed herewith and marked as Annexure - A/15. 22. That it is also the position that no work is provided to the Job Card Holders despite the mandatory guarantee for providing a minimum of 100 days employment to the willing Job Card Holders. Everyday there are complaints from the public for misappropriation of the funds released under the MGNREGS. It is submitted that based on various complaints the Union Minister, Rural Development made a statement on 12-03-2011 at New Delhi that all irregularities in the utilization of MGNREG fund will be entrusted to the C.B.I. for investigation. The same was published in the National Dailies as well as the Local dailies on 13-03-2011. A true copy of the publication made in the "Huyen Lanpao" local daily dated 13-03-2011 with English translation is annexed herewith and marked as Annexure - A/16". 5. The petitioner also relied upon newspapers reports. In the result the petitioner plead that an enquiry should be conducted by CBI by registering case on the allegations and complaint of misappropriation of funds. The second prayer is for issuance of writ of mandamus directing the respondent Nos. 1 & 2 namely, (1) The Union of India represented by the Secretary, Ministry of Rural Development, Government of India, New Delhi and (2) The State of Manipur represented by the Chief Secretary, Government of Manipur to ensure the implementation of the scheme in letter and spirit and for other direction. 6. The Court considering the larger gamut of the case on 23.08.2012 issued notice to the respondent sauthorities. The State Government has filed its counter affidavit denying the allegations. 7. Be that as it may, the District & Sessions Judge, Imphal East was directed to conduct an enquiry but the report has not been furnished. 6. The Court considering the larger gamut of the case on 23.08.2012 issued notice to the respondent sauthorities. The State Government has filed its counter affidavit denying the allegations. 7. Be that as it may, the District & Sessions Judge, Imphal East was directed to conduct an enquiry but the report has not been furnished. Today when the matter is taken up for hearing, we feel that the District & Sessions Judge, Imphal East may not be the competent person to go in this issue as regards the scope of enquiry as it will be very extensive and it will not be within the capability of the District & Sessions Judge, Imphal East to go and collect information from all the areas specified in the complaint. It will be an onerous task for a judicial officer. He cannot be dispensed with judicial work at this point of time. 8. Therefore, taking note of the serious issue raised and laudable object under Mahatma Gandhi National Rural Employment Guarantee scheme, it is necessary that the report of the Departments concerned who are primarily responsible for implementation of the scheme for the benefits of the people of the rural areas in letter and spirit truly and faithfully are made answerable. 9. It is the Department concerned that should ensure the proper implementation of Mahatma Gandhi National Rural Employment Guarantee scheme. It purely lies on the shoulder of the said Departments concerned. 10. In view of the matter, we are inclined to direct the Commissioner/Secretary (RD & PR), Govt. of Manipur to call for a report from every District Collectors on the proper implementation of Mahatma Gandhi National Rural Employment Guarantee scheme and take appropriate action wherever the officials failed to execute the Mahatma Gandhi National Rural Employment Guarantee scheme in letter and spirit. 11. The Commissioner/Secretary of the Department shall ensure that the District Collectors are made responsible for any violation or misuse of the scheme by the subordinate officials. There should be proper check by the Government through the District Collectors and ensure that misappropriation of the funds granted under the Mahatma Gandhi National Rural Employment Guarantee scheme is not siphoned off. 12. We direct the Chief Secretary, Govt. There should be proper check by the Government through the District Collectors and ensure that misappropriation of the funds granted under the Mahatma Gandhi National Rural Employment Guarantee scheme is not siphoned off. 12. We direct the Chief Secretary, Govt. of Manipur to hold a meeting with the Secretary/Commissioner of the Department concerned and all the District Collectors so that the Mahatma Gandhi National Rural Employment Guarantee scheme is implemented in a proper manner arresting all loopholes that may lead to misappropriation and fraud. The officials who are found to have misappropriated the funds in any manner be proceeded with as per law. 13. We dispose of the PIL as above. In view of the above, the other reliefs are unnecessary for the present. 14. Copy of this order be furnished to the Commissioner/Secretary (RD & PR), Govt. of Manipur and also to Mr. S. Nepolean, learned G.A for the State respondents and to be circulated to all District Collectors. 15. Since the present case also has an identical relief, the order passed in PIL No.5 of 2015 will apply in the present case as well. 16. Accordingly, this PIL stands disposed of on the same terms.