'Funds Released To Dead Persons': Calcutta HC Directs Conduct Of Enquiry Within 3 Months Into Alleged Misappropriation Of Govt Scheme Funds

The Calcutta High Court on Tuesday directed the District Magistrate, South 24 Parganas to conduct an enquiry into the alleged misappropriation of funds allocated under the Pradhan Mantri Awas Yojana scheme and pass a reasoned order within a period of 3 months. 

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj was adjudicating upon a Public Interest Litigation (PIL) petition alleging that the Facilitator of the Pradhan Mantri Awas Yojana had allegedly misappropriated funds allocated under the government scheme. 

The counsel appearing for the petitioner further apprised the Bench that payments had been made to deceased persons and persons who had not raised any construction. He further submitted that a representation dated October 27, 2021, had been made to the District Magistrate of South 24 Parganas in this regard, however, no action had yet been taken. 

Taking into consideration the grievance raised, the Bench observed in its order, 

"It is submitted by learned counsel for the petitioner that the funds have been released even to dead persons and to those who have not raised any construction. He has pointed out that the petitioner has already filed a representation dated 29.10.2021 to the respondent No.2, District Magistrate, South 24 Parganas, but no action on the said representation has been taken till now."

Furthermore, the Court directed the District Magistrate of South 24 Parganas to duly consider the petitioner's representation and conduct an enquiry into the alleged misappropriation of funds. It was further ordered that the District Magistrate must pass a reasoned speaking order within 3 months and take action in accordance with law in case any defalcation of funds is found to have taken place. 

Accordingly, the matter was disposed of by directing, 

"Hence, we dispose of the present writ petition directing the respondent No.2, District Magistrate, South 24 Parganas, to duly consider the petitioner's representation and conduct an enquiry in respect of the allegation made therein and pass a reasoned speaking order and in case if any defalcation is found, then to take an action in accordance with law without any delay. Let this exercise be completed within a period of 3 months from the date of receipt of a copy of this order."

In a similar matter, the High Court on Monday directed the District Magistrate, Purba Medinipur to conduct an enquiry into the alleged defalcation of funds allocated under the Pradhan Mantri Awaas Yojana and also the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) scheme. 

Case Title: Raich Laskar v. State of West Bengal and Ors 

Case Citation: 2022 LiveLaw (Cal) 8. 

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