The Supreme Court on Thursday directed the Central Bureau of Investigation (CBI) to probe alleged misuse of the schemes under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) in 100 villages in six districts of Orissa.
A three-judge Bench of Chief Justice S.H. Kapadia, Justices K.S. Radhakrishnan and Swatanter Kumar gave this direction on a petition filed by the Centre for Environment and Food Security pointing out serious lapses and large scale malpractices in the implementation of the schemes under the Act in Orissa and other States.
Writing the judgment, Mr. Justice Swatanter Kumar said: “The investigating agency shall take into consideration three documents, i.e., the survey report prepared by the petitioner; the CAG [Comptroller and Auditor-General] report dated March 31, 2009 and the NIRD [National Institute of Rural Development] report.”
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The Bench directed the CBI to conduct a complete and comprehensive investigation and file its report in regard to commission of criminal offences in the implementation of the schemes, or otherwise, before the court of competent jurisdiction for appropriate action. “The CBI shall also place a copy thereof on the record of this Court.”
The Bench said: “Other irregularities or illegalities, apart from the commission of criminal offences, which have come to the notice of the CBI during the course of this investigation, shall be submitted to the Chief Secretary, State of Orissa, in the form of a separate report for appropriate action in accordance with law. The investigation shall be concluded as expeditiously as possible. However, we would expect the CBI to file its first report within a period of six months.”
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Cooperation urged
The Bench directed all the departments and the authorities concerned in Orissa to cooperate with the CBI in completing the investigation. The CBI will conduct a free and fair investigation in regard to the implementation of provisions of the Act and the schemes framed thereunder without any impediment.
Taking note of such lapses in other States as well, the Bench at the first instance issued notice to Uttar Pradesh and Madhya Pradesh to respond to the reports of the petitioner with regard to implementation of provisions/schemes under the Act in those States.
The Bench said: “Keeping in view the fact that there has been persistent default on the part of a number of States in fully implementing the provisions of the Act, we hereby direct all the State governments to file affidavits stating whether they have accepted and are duly implementing the operational guidelines issued by the government of India, within six weeks from today. In the event, these guidelines have not been accepted or are not being implemented, the affidavit shall specifically state reasons for such non-acceptance and/or non-implementation of the afore-stated directions/guidelines.”
Centre asked to spell out steps
The Bench also directed the Central government to consider the entire matter objectively within the framework of the provisions of the statute and place on record of this court, before the next date of hearing, the directions or measures “which it proposes to issue to all the States to prevent recurrence of what has happened in the State of Orissa.”
The Bench directed that all concerned should strictly adhere to and comply with the directions contained in this order. “We make it clear that in the event of default, this court would be compelled to take appropriate action against the defaulting officers/officials/authorities,” it said, and posted the matter for further hearing after eight weeks.