Statutory remedies must be exhausted before seeking judicial intervention in cases of alleged corruption, emphasizing the role of investigative agencies.

JUDGMENT :

(Vijay Bishnoi, C.J.)

Heard Mr. T. Deuri, learned counsel for the petitioners. Also heard Mr. N. Das, learned Junior Government Advocate, Assam, appearing for the respondent Nos.2 & 3.

2. This PIL petition is filed on behalf of the petitioners alleging that from the last 15(fifteen) years, more particularly, from the year 2010, unchecked and rampant corruption took place within the 4(four) districts of Bodoland Territorial Council (in short, ‘BTC’), i.e. Kokrajhar, Udalguri, Baksa and Chirang, by which funds were embezzled in all the Departments, such as Panchayat and Rural Development, Welfare of Plain Tribes and Backward Classes, Sports, Agriculture, Textile and Handloom, Information and Public Relation, Transport, Education, Social Welfare, Fishery, etc. by the Executive Members of the BTC, officials, suppliers, etc., causing great prejudice to the public at large which is substantiated by the report of the Comptroller and Auditor General of India (in short, ‘CAG’) on Social, General and Economic (Non-PSUs) sectors for the year ending 31st March, 2018, and social audit of the MGNREGA in BTC conducted by involving Gram Sabha consisting eminent person and group of persons.

3. The petitioners have stated in this petition that the petitioner No.1 has completed LLB and is practicing as an Advocate for earning his livelihood. It is claimed that the petitioner No.1 is working as a Para Legal Volunteer and has also been awarded a certificate by the District Sessions Judge-cum-Chairman, District Legal Services Authority, Kokrajhar, certifying him as the best Para Legal Volunteer for the year 2016-2017 in the Kokrajhar District of Assam.

It is claimed that the petitioner No.2 is a social worker and completed Masters Degree in Political Science in the year 2011 and earning his livelihood as a Carrier Counsellor. It is further claimed that in recognition for his outstanding services to the community, the Ministry of Youth Welfare and Sports has awarded National Youth Award, 2012-13 to the petitioner No.2.

4. It is stated in the PIL petition that the petitioners have filed this PIL petition on the basis of personal knowledge, investigation, information gathered under Right to Information Act in respect of various discrepancies and corruption committed by the respondent authorities in implementation of various schemes within the BTC and they are seeking an enquiry/investigation to be carried out by an independent agency such as Central Bureau of Investigation (C.B.I) to unearth the true facts in respect to the amount of corruption committed within the BTC.

5. In the PIL petition the petitioners have also elaborated the executive functions and overall administration of the Bodoland Territorial Council and it is alleged that while implementing the MGNREGA Scheme launched under the Mahatma Gandhi National Rural Employment Guarantee Act, 2005, large scale of irregularities have been taken place while carrying out the various works under the Scheme in the BTC consisting Kokrajhar, Udalguri, Baksa and Chirang District.

6. It is further alleged that Independent Social Audit of MGNREGA in BTC was conducted involving Gram Sabha consisting of eminent persons and groups of persons and as per the said Social Audit, serious irregularities have been found in issuance of Job Cards and in payments made to the individuals which suggest that a large scale of embezzlement took place in implementing the MNREGA Scheme.

7. The petitioners have cited several examples in support of their allegations that a large scale of corruption had taken place in implementing the MGNREGA Scheme, wherein either no payments had been made to the persons in whose names the Job Cards were issued, or the payments were withdrawn on the basis of some fake Job Cards. The petitioners have also alleged that the Bank staffs of different Banks were also involved in fraudulent withdrawal of MGNREGA wages.

8. The petitioners have also placed reliance on the report of the CAG st on Social