Proper implementation of the MNRGES scheme and accountability for misappropriation of funds.

R. SUDHAKAR, J.

1. The prayer in the PIL read as follows:

i. Call for the records of the case and issue rule nisi calling upon the Respondents to show cause as to why the prayer prayed for by the Petitioner should not be granted. And, after hearing them your Lordships may make the rule absolute;

ii. Issue a writ of Mandamus and/or any other appropriate writ/order/direction directing the Respondents to (a) put an end to the misuse, misappropriation and mismanagement of funds sanctioned for the benefit of the job card holders under the MGNREG scheme, (b) provide at least 100 (hundred) days of employment to those who seek employment, (c) pay Unemployment Allowances to those who cannot be provided employment, (d) pay the wages of those who put in a number of days of work, and (e) utilize the scarce public resources for the benefit of the poor job card holders;

iii. Issue any appropriate writ/order/direction directing the Respondents to fix responsibility for the illegal and irregular practice of misappropriation of public money and punish them as per law;

iv. Issue any appropriate writ/order/direction for the constitution of a CBI enquiry, judicial enquiry or any other appropriate Commission, as the Hon'ble Court thinks fit, to enquire into the rampant and large scale misappropriation of public money;

v. Pass any other appropriate order/direction that this Hon'ble Court deems fit and just in the interest of justice.

vi. Award cost of the Petition to the Petitioner."

2. Similar issue was considered by this Court in PIL No.5 of 2012 and decided on 22.05.2018 in the following manner.

3. The Public Interest Litigation focuses on gross misused of the funds allocated for implementing the scheme by Mahatma Gandhi National Rural Employment Guarantee (MNRGES). This scheme was introduced with an object of providing daily employment to the people living in the rural and far flung hilly areas so that they sustain themselves and the family on manual labour.

4. Over the period of time, it appears that the scheme has been severely breached and misused. The object of providing employment has become a source of competition. Time and again people all over the country have been approaching the Courts and authorities to ensure that the Mahatma Gandhi National Rural Employment Guarantee scheme is implemented properly and not misused for private benefits of vested interested groups. The poor labourers of the rural and hilly areas have been scare goats for unlawful enrichment by authorities.

It is alleged that there is large scale misappropriation of fund by the Implementing Agency. Record are prepared to show the people have been benefited under Mahatma Gandhi National Rural Employment Guarantee scheme, for rural development works like laying of roads, canal, reclamation of land and other scheme works for benefit of all the populace of the villages. Instead of achieving this object, it appears that crores of money has been siphoned off by the vested interests with the connivance of the officials. That is the main allegations in the Public Interest Litigation. Details are submitted in the affidavit filed in support of the writ petition. The petitioner have been moving various authorities to highlight the misappropriation of funds by making complaints/FIRs, some of which has initiation of the investigation. Number of violations that had been pointed out at para no.21 of the writ petition, which relates to different type of works, is reproduced hereinbelow:

"21. That it is further submitted that huge amount of money in the name of implementation of works under the MGNREGS has been misappropriated by the authorities concerned in the State of Manipur without executing any work. The particulars of the works/projects are as follows:

(A) (a) That it is submitted that during the year 2010, a project called the Land Development at Liberal College, Luwangsangbam was approved by the Deputy Commissioner/District Programme Co-ordinator, NREGS, Imphal East Dis