SANTAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Petition under Article 226 of the Constitution is filed by one Santan Singh, resident of Village-Pateya, Thana-Madanpur, District-Aurangabad in public interest. It appears that the petitioner is employed by the State of Jharkhand as Block Statistical Supervisor. Since his transfer from District-Chatra to East Singhbhum District, the petitioner has not reported to duty or is absent from duty. The petitioner being a resident of Village-Pateya, District-Aurangabad, he has approached this Court complaining about the malpractices committed by the concerned officers in commissioning of the schemes approved under the Mahatma Gandhi National Rural Employment Guarantee Act. It is the grievance of the petitioner that the funds received for the purpose of the schemes have been misappropriated and pilfered away by the officers "concerned and the schemes have not been implemented as per the reports. The petitioner has sought an independent enquiry in respect of the above referred schemes.

(2.) The Petition has been heard by us on several occasions. Learned Additional Advocate General Mr. Lalit Kishore has appeared for the State Government He has filed counter affidavit and has produced before us the reports of enquiries made by the vigilance committee. Mr. Lalit Kishore has submitted that in view of several complaints made in respect of the schemes approved under the Act, Panchayat level vigilance committees are constituted to oversee the commissioning of the schemes approved under the Act. As the local committees are not found to be effective or adequate, the officers from the State Government are also deputed on such committees. In view of the complaint made in the present writ petition, the State Government has constituted an enquiry committee and enquiry has been made in respect of each scheme/project commissioned in the concerned Block. He has further submitted that none of the local officers was on such enquiry committee. In the submission of Mr. Lalit Kishore, the schemes are spread over past ten years. Most of the schemes were for earth-filling work, the commissioning of such schemes cannot be examined with accuracy after several years. Nevertheless, the vigilance committee constituted by the State Government has made all efforts to enquire about the work completed. Wherever the works were not completed, the recoveries are sought to be made. Some recovery has already been made. Prosecution has been lodged against certain persons who were found to be on the wrong side.

(3.) Thus, it appears that the State Government has put its machinery in motion to make the enquiry; to prosecute the wrongdoers; and to recover the amount of incomplete projects/schemes.