Anti-graft panel orders further probe into MGNREGS scam under Demdema

Syllad | The Rising MeghalayaMarch 13, 2021

The Meghalaya Lokayukta has ordered further investigation into the corruption in the implementation of the MGNREGS in Demdema C&RD block in West Garo Hills District.

Disposing of a petition filed by a job card holder Ahinur Islam, the anti-graft panel headed by Justice PK Musahary has directed the West Garo Hills Superintendent of Police to register the representation filed by the complainant under proper section of law and investigate the matter within seven days.

The panel also directed the Additional SP to supervise the investigation till conclusion and see that the person found involved in the offence are brought to book forthwith.

The order was issued on the basis of a preliminary inquiry report submitted by the state police.

As alleged in the petition, 47 job card holders have been denied wages ever since they were enrolled under MGNREGS in Demdema block.

The BDO issued job cards to 9 persons who expired five years back. He also issued job cards to some government employees who are not entitled to hold such job cards under the existing rules and guidelines.

There are cases of nonpayment, under payment of wages and undue payment to ghost job card holders.

The VEC secretary was appointed without holding an election which is not permissible under the existing rules and procedures. The BDO appointed his loyal persons, family members and relatives as VEC office bearers in violation of the rules and guidelines.

Thus, the BDO apart from committing lots of irregularities, misuse and misappropriation of allotted funds had committed corruption.

Some job card holders made detailed complaints on May 22, last year before the district programme coordinator, MGNREGS but it failed to receive satisfactory result except putting the VEC secretary concerned under suspension and ordering refund of the money.

The order has not been complied.

However, the BDO and programme officer denied most of the allegations.

The inquiry officer, during the inquiry, met and recorded the statements of job card holders who were denied wages. They have given detailed accounts of how the officers concerned committed irregularities in the appointment of job card holders and how they misused and misappropriated funds.

The inquiry officer found most of the allegations true. The inquiry officer also recorded the findings about non execution of works by the contractors who have been impleaded as respondents No 1,2&3.

PT Sangma, counsel for the complainant strenuously submitted that the contractors who were awarded contract works, although not government servant, are liable to be prosecuted under the Prevention of Corruption Act, 1988, as they have misused and misappropriated the public fund for their own benefit without executing or completing the works or projects.

Submission of Sangma is to be considered in the light of the objects and preamble of the Meghalaya Lokayukta Act, 2014, which clearly provides that the Lokayukta will inquire into allegations of corruption against certain public functionaries and for matters connected therewith or incidental thereto.

Under section 1(3) the Lokayukta Act shall apply to public servants. This means that this forum has no jurisdiction to prosecute the contractors, the order said.

It also added that prosecution of the contractors may be possible provided some government functionaries are found involved and prosecuted for offence of corruption and the contractors are also found involved in corruption along with the government functionaries.

In this matter prima facie cases of misuse of power, misuse of funds and misappropriation of funds have been found. The inquiry report, however does not disclose a prima facie case of corruption to recommend prosecution of the respondent contractors under the existing Meghalaya Lokayukta Act, 2014, the order said.

The charges of misuse, misappropriation, misutilization/non-utilization of public fund can be dealt with under the existing criminal procedure code and punished under the IPC, it added.