Dear Comrades,
The Central government on Monday informed the Supreme Court of its decision to go for a Central Bureau of Investigation (CBI) probe into the alleged corruption and irregularities in implementation of National Rural Employment Guarantee Act (NREGA) in Orissa.
Additional Solicitor General Indira Jaisingh said, "Union of India has taken the decision that CBI can investigate into these offences." However she sought some time to issue necessary notification to CBI in the matter.
The Bench of Chief Justice of India SH Kapadia, Justice KS Panicker Radhakrishnan and Justice Swatanter Kumar taking note of Jaisingh’s request directed the centre to issue the notice to the CBI to probe into the alleged corruption in implementation of MGNREGS in Orissa within two weeks.
During the hearing Indira Jaisingh also submitted before the court a letter written by the Ministry of Rural Development to the CBI requesting the investigating agency to probe into the alleged corruption in the implementation of MGNREGS in Orissa. The letter was written on 4 April last.
The Bench also directed the state of Orissa to file an affidavit stating the extent to which the directives of the central government are being carried out.
The NGO, Centre for Environment and Food Security also pointed out to the Bench, similar level of corruption in the state of Madhya Pradesh and Uttar Pradesh in implementation of MGNREGS. The Bench however said that for the time being the probe will be confined to the state of Orissa.
Earlier on 14 March 2011 the apex court had directed the centre to give its response on a proposed CBI enquiry into the alleged misappropriation and diversion of central government funds allocated to the state of Orissa under MGNREGS. The court also made it clear that if appropriate response is not received from the centre within four weeks the court will have to decide the issue on its own.
On the performance audit report by CAG and another report by National Institute of Rural Development, the apex court had observed that the reports remarked to ‘miss-appropriation of funds allegedly by officials and functionaries,’ resulting in diversion of funds.
The central government had also admitted the pilferage of funds in several states, particularly in Orissa.The Bench had in previous hearing sought answer from Orissa Government on question of law as to "why the National Guidelines of the National Rural Employment Guarantee Act, 2005 framed by the Central Government under Section 27 of the Act should not be made mandatory."
Appearing for the Centre for Environment and Food Security, advocate Prashant Bhushan had also pointed out that the central government has power to issue binding guidelines to the states.
The Centre for Environment and Food Security, had filed the public interest litigation in 2007 alleging large scale misappropriation in the implementation of National Rural Employment Guarantee Act (NREGA).
11.04.2011 21:51 New Delhi Soibam Rocky Singh
