DEVI PRASAD SINGH, J. - (1.) INSTANT writ petition under Article 226 of the Constitution of India relates to misappropriation of fund, allocated to different districts of the State of U.P. by the Central Government under the 'Mahatma Gandhi National Rural Employment Guarantee Act, 2005' (In short, MGNREGA).
(2.) DEMONS of corruption are hunting the public exchequer. Alexander Pope in his Moral essays (Epistle to Bathurst) had very nicely naratted the seriousness of corruption and its effect. To quote relevant portion : "At length corruption, like a general flood, (So long by watchful ministers withstood) Shall deluge all; and avarice creeping on, Spread low like a low -born mist, and blot the sun; Statesman and patriot ply alike the stocks; Peeress and butler share alike the box, And judges job, and bishops bite the town, And mighty dukes pack cards for half a crown, See Britain sunk in lucre's sordid charms." Whether India will sunk in lucre's sordid charms ? The material on record prima facie reveals startling facts with regard to misappropriation of fund allocated under MGNREGA right from lowest echelon of the elected representative, i.e. Pradhan, Gram Sabha members to the higher bureaucracy in a well netted collusive manner. The allegation, broadly, relates to seven districts of the State of U.P., i.e. Balrampur, Gonda, Mahoba, Sonbhadra, Sant Kabir Nagar, Mirzapur and Kushinagar in the year 2007 to 2010. The total fund allocated under MGNREGA for the seven districts in the year 2007 -2008, 2008 -2009 and 2009 -2010 by the Central Government and expenditure incurred thereon as informed by Mr. Z. Zilani, learned Addl. Advocate General is as under : JUDGEMENT_66_TLALL0_2014.jpg JUDGEMENT_66_TLALL0_20141.jpg
(3.) THE petitioner, a media personnel when came to know regarding mal -practices under the Scheme (supra), has preferred the writ petition seeking a mandamus for investigation by the Central Bureau of Investigation. During course of hearing, no serious objection has been raised with effective rebuttal with regard to pleading on record to the maintainability of writ petition as well as the material brought on record for CBI enquiry by the petitioner except that the State Government is seized with matter and proceeding ahead with enquiry from its own agency.;