West Bengal Disability Pension Scheme: Calcutta High Court Directs Probe Into Alleged Fraud

Calcutta High Court Directs Speedy Investigation Into Alleged Fraudulent Disbursement Under West Bengal Disability Pension Scheme; 13 of 15 Certificates Found Fake

A Division Bench of the Calcutta High Court, comprising Acting Chief Justice Tapabrata Chakraborty and Justice Atarup Banerjee, has directed the investigating authorities to complete expeditiously the probe into alleged irregularities in the disbursement of benefits under the West Bengal Disability Pension Scheme, 2010. The order came while disposing of a Public Interest Litigation (PIL) filed by one Suraj Sk, who alleged that government funds earmarked for genuinely eligible persons with disabilities had been fraudulently siphoned off by ineligible individuals in the Samserganj area of Murshidabad.

Allegations of Fraudulent Disbursement

The petitioner, represented by Advocate Omar Faruk Gazi , contended that the funds meant for the welfare of disabled persons were being wrongfully utilized. It was specifically alleged that respondent no.9, a member of the Samserganj Panchayat Samity , had leveraged his public office to facilitate the fraud, with 15 accomplices. The details of these alleged illegal beneficiaries were provided in the writ petition . The primary prayer was for a " fair, impartial, independent, comprehensive and time-bound inquiry " into the entire process of identification, medical assessment, verification, and disbursement of the disability allowance.

State’s Response and Police Action

Opposing the PIL, the State Government, represented by Learned Government Pleader Mr. D. N. Ray, informed the court that an inquiry had already been conducted based on a complaint. This inquiry led to the registration of Samserganj Police Station Case No. 613/2026 on July 5, 2026, under Sections 318(4), 336(2), 336(3), 340(2), and 3(5) of the Bharatiya Nyaya Sanhita. The investigating officer had issued notices to accused persons under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita and recorded witness statements. A report submitted by the Inspector-in-Charge of Samserganj Police Station revealed a startling finding: out of 15 certificates examined, 13 were found to be fake. The court directed that this report be kept on record.

Court’s Observations and Directive

After hearing both sides and perusing the materials, the Bench observed, " In the said conspectus , the allegations levelled by the petitioner in the writ petition cannot be ruled out." Acknowledging that a criminal investigation was already underway, the court refrained from ordering a separate inquiry. Instead, it disposed of the PIL with a clear direction to the State respondents, particularly the investigating authority, to complete the investigation in Samserganj Police Station Case No. 613/2026 " as expeditiously as possible to book the wrongdoers ."

No order as to costs was made. The court also directed that urgent certified copies of the order be supplied to the parties upon compliance with formalities.

Implications

The order underscores the judiciary's willingness to monitor the implementation of social welfare schemes and its reliance on ongoing criminal investigations to address allegations of large-scale fraud. The directive for an expeditious probe signals the court's expectation of accountability in the use of public funds meant for vulnerable sections of society.