LONGKIRI TIMUNG Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Sarania, learned Counsel for the petitioner. Also heard Mr. T.C. Chutia, learned Government Advocate, Assam as well as Ms. S. Kemprai, learned Standing Counsel, Karbi Anglong Autonomous Council (KAAC), appearing for the respondents.

(2.) This Public Interest Litigation (PIL), under Article 226 of the Constitution of India, is filed by the petitioner contending, inter-alia, that there was improper utilization and misappropriation of public money under the Member of Parliament Local Area Development (MPLAD) Scheme for the period from 2006-2007 to 2011-2012 in respect of Diphu Parliamentary Constituency. It is the case of the petitioner that during the period from 2006-2007 to 2011-2012, an amount of Rs. 15 crores had been sanctioned under the MPLAD Scheme for the Diphu Parliamentary Constituency in the name of implementation and execution of a number of works under the Scheme of which the Deputy Commissioner of Karbi Anglong district is the drawing and disbursing authority of the funds.

(3.) It is projected by the petitioner, a social activist, that he having gone through the related website to know about the works purportedly executed by the District Authority from the funds sanctioned under the MPLAD Scheme, had noticed that all those works were shown to be completely executed and the money in respect of each of the works had been disbursed on production of utilization certificate for those works. Genuine doubts having arisen about such execution of the works, the petitioner himself made spot verification in respect of some of the works stated to be executed with funds sanctioned under the Scheme, more particularly, 49 nos. of works of the Scheme pertaining to Lumbajong Development Block under the Diphu Parliamentary Constituency in which the Project Director, DRDA, Diphu and the Block Development Officer, Lumbajong Development Block were part of the executing authority to ascertain the genuineness of the report, as displayed in the website. Further case of the petitioner is that the information as regards proper execution of those works was false and there was misappropriation of funds in execution of those works. To that effect, a complaint dated 03.10.2012 and a pleader's notice dated 27.04.2013 were lodged before the Commissioner & Secretary to the Government of Assam, Political & Home (Anti-Corruption & Vigilance) Department for taking necessary action against the erring officials and to initiate an enquiry to find out about the actual execution of works. When no discernible action appeared to have been taken by the State respondents, the petitioner stated to have filed this PIL with the prayers, inter-alia, for a direction to cause investigation/inquiry regarding the anomalies occurred in respect of execution of works under the MPLAD Scheme and utilization of the funds under the Scheme during the period from 2006-2007 to 2012-2013 in respect of Diphu Parliamentary Constituency and to submit an inquiry report before this Court and after such submission, to hand over the investigation to an agency as well as to take necessary steps against the erring officials and to recover the amounts so misappropriated.