KAPIL KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Sandeep Dixit, learned counsel for the petitioners and Sri Anuj Kudesia, learned State counsel appearing for the respondents.

(2.) THE grievance raised by the petitioners, who are Block Development Officers and were appointed Programme Officers under the National Rural Employment Guarantee Scheme (NREGS), is to the effect that in pursuance of the complaint, a committee was constituted by the District Magistrate, in which Smt. Rambeti, wife of the beneficiary Jagannath along with one Ms. Richa Singh, who herself was the complainant, was made member of the said Committee and that on the basis of the report of the said Committee, the impugned orders have been passed issuing directives for making payment of wages to those persons, who were ineligible, or were otherwise not entitled for payment of such wages under the Scheme and this would incur a liability of rupees fifteen lacs also. THE argument is that apart from the case of Jagannath, there are many persons, who have not worked for 100 days but they have been ordered to be paid for full 100 days. It is further submitted that there are certain persons, who have not worked at all but they have been ordered to be paid wages for 100 days and the persons, who are gainfully employed elsewhere, have also been directed to be paid wages under the aforesaid scheme and therefore, the impugned orders deserve to be set aside.

(3.) ANOTHER argument is that even if the Programme Officer rejects the application of an applicant, still the Commissioner could have exercised his power to ensure that the scheme is fully and properly implemented. Also he being the appellate authority, could have upset the order of the D.P.C.