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Supreme Court Issues Notice to Karnataka On Plea Seeking CBI Probe Into ‘Misappropriation’ of MGNREGA Funds [Read Petition]

Team SoOLEGAL 6 Oct 2017 3:13pm

Supreme Court Issues Notice to Karnataka On Plea Seeking CBI Probe Into ‘Misappropriation’ of MGNREGA Funds [Read Petition]

On Tuesday, The Supreme Court issued notice to the Karnataka Government on a Petition seeking a Central Bureau of Investigation (CBI) probe into allegations of corruption and misappropriation of over Rs. 10 crore of MGNREGA funds by the officials of the Watershed Development Department, Kollegal in Chamarajanagar district.

The Bench comprising Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud sought response from the State on the Petition filed by Bengaluru-resident K.N. Somashekar.

Mr. Somashekar has questioned that integrity of the enquiry report on the matter as filed by the then CEO of Zilla Panchayat. He has also challenged the acceptance of this report by Karnataka High Court.

Being represented by Advocate Prashant Bhushan, Mr. Somashekar further asserts that the High Court had failed to consider the findings of the Assistant Director of Agriculture. Having inspected the office of the Taluk Agricultural Officer, the Assistant Director of Agriculture had found “culpable mismanagement, misappropriation and irregularities” in the implementation of the MNREGA scheme and non-maintenance of the cash book, even though money had been drawn from the account from June 26, 2012 to November 7, 2012.

The Petition then goes on to list the following questions of law for consideration by the Court:

“A. Whether the High Court and Lokayukta are right in passing the Judgment/order by not considering the interim enquiry report submitted by the Ombudsman showing that there is a serious allegation of corruption/misappropriation of fund in the implementation of MGNREGA, which needs a further detailed enquiry?

Whether the High Court is right in rejecting the Writ Petition filed by the Petitioner alleging corruption, by citing that Lokayukta has closed the matter, without going into the two investigation reports filed by the officers who were authorized to investigate it?

Whether the High Court and Lokayukta are right in accepting the Enquiry Report filed by the CEO, Zilla Panchayat favoring his own department, without proper instruction and authority for enquiry?

Whether the High Court and Lokayukta are right in accepting the termination letter issued by the CEO, Zilla Panchayat to the Ombudsman for not completing the investigation within the prescribed time (15 days), when the concerned officers and employees in the department of the CEO, Zilla Panchayat were not cooperated to complete the investigation?”

It, therefore, demands an independent investigation into the allegations, contending, “The MGNREG scheme is made with some specific object to achieve the constitutional mandate and if the public money is allowed to be misappropriated and allegations of misappropriation is allowed to be closed in such a manner in active collusion of all the agencies of the government, the same will result in great injustice to general public.”

Read the Petition Here:

Supreme Court   MGNREGA   Chief Justice Dipak Misra   Karnataka High Court   CBI   Advocate Prashant Bhushan  

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