GAYCHING BHUTIA Vs. UNION OF INDIA

JUDGEMENT

(1.) In this application filed as PIL under Article 226 of the Constitution of India, a prayer has been made for issuance of a direction to the Respondent Nos. 5 and 6 to conduct an enquiry into the alleged gross mismanagement of public money by the Implementing Authorities in the course of implementation of two schemes, namely, Sampoorna Grameen Rozgar Yojna (in short "SGRY") and National Food For Work Programme (in short "NFFWP") in Kabi Tingda Assembly Constituency in North District of Sikkim for the year 2004-05, under the supervision of this Court.

(2.) The facts leading to the filing of this Public Interest Litigation, in a nutshell, are that two schemes, namely, SGRY and NFFWP were sanctioned for implementation in Kabi Tingda in the North District of Sikkim after it was identified by the Central Government as one of the 150 backward Districts of the country. These schemes were formulated as a Government policy to create employment opportunities with food security with a view to alleviate poverty, reduce inequalities, improving nutritional levels and sustaining a reasonably high pace of economy growth. Such schemes were to be open to all poor who are in need of wage employment and desire to do manual and unskilled work in and around their village/ habitant and all deserving areas were required to be given a fair treatment in the matter of allocation of resources without diversion of resources among the wards of the Village Panchayat. For implementation of the schemes a total sum of Rs. 64,70,000/- was sanctioned and made available to Panchayat Authorities, District Authorities and other concerned authorities in the State by the Central Government for the year 2004-05. Detailed guidelines to be followed for implementation of the schemes were also laid down.

(3.) According to the guidelines each Village Panchayat was required to independently prepare and approve an Annual Action Plan before the beginning of each financial year. The plan so prepared was required to be thoroughly discussed in the meeting of the Gram Sabha and after the schemes were taken up for implementation, muster rolls were required to be maintained for every work showing the details of wages paid to workers, and food grains distributed and also indicating the number and details of Scheduled Castes/Scheduled Tribes/ Women and others who have been provided employment. Such muster rolls were to be made available to public on demand. Payment of wages was required to be made in the shape of food grains at the rate of 5 kgs. per manday as well as in cash. The distribution of food grains to such workers should be made at the work she either through PDS or by the Village Panchayat or any other agency appointed by the State Government. A Monitoring Committee consisting of social workers, retired civil and defence or private sector officers, other retired employees like teachers, well-educated persons and an SC/ST including women's representatives was required to be constituted for monitoring the progress and quality while the work was in progress. The State Government is to ensure that the officers at the State, District, Sub-Divisional and Block levels will closely monitor all the aspects of the programme through visits to work sites in the interior areas. The officers dealing with Rural Development/SGRY at the State Headquarters were, therefore, required to visit districts regularly and ascertain through field visits that the programme is being implemented satisfactorily and that execution of the works was in accordance with the prescribed procedures and specifications and during such visits, if any officials came across any irregularity, he or she was immediately required to bring the same to the notice of the CEO, District Panchayat and the Project Director, DRDA who would then take further appropriate action in the matter. The cash component and food grains under the scheme would be released every year directly to the District Panchayat/DRDAs on the basis of a certificate to be issued by the concerned authorities to the effect that the resources under the scheme are not diverted and there is no embezzlement of funds and that the concerned Panchayat have duly approved the Annual Action Plan. The Village Panchayat was required to maintain complete inventory of the assets created under the programme and details of the date of completion of the projects, cost involved, benefits obtained, employment generated and other relevant particulars. Signboards would be required to be displayed near the works, giving these details. Photographic record of the words at the various stages of implementation were also required to be kept.