Calcutta High Court Directs Malda District Magistrate To Conduct Enquiry Into Alleged Misappropriation Of MGNREGA Funds

The Calcutta High Court on Friday directed the District Magistrate, Malda to conduct a probe into alleged irregularities and defalcations in the funds allocated under the Mahatma Gandhi National Rural Employment Guarantee Act 2005 (MGNREGA) scheme in the Gazole Development Block.

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj was adjudicating upon a Public Interest Litigation (PIL) petition wherein it had been alleged that there has been embezzlement of huge public money in respect of funds allocated under the MGNREGA scheme. 

The Bench was further apprised by the petitioner that complaints dated August 18, 2020, and November 2, 2020, had been referred to the District Magistrate in this regard but action has been taken in this regard yet. The petitioner also submitted that a legal notice dated January 14, 2021, had also been submitted to the concerned District Magistrate. 

Taking cognisance of the grievance raised, the Bench observed, 

"Having regard to the nature of allegation, we are of the opinion that the respondent No.6, District Magistrate, Malda should look into the matter. Hence, we dispose of the present petition with direction to the respondent No.6 to conduct an enquiry in respect of the allegations contained in legal notice dated 14.01.2021 and if the allegations are found to be correct, then to take an action against the erring officers/parties in accordance with law."

The District Magistrate, Malda was also directed to conduct an enquiry as expeditiously as possible preferably within a period of 3 months. Accordingly, the petition was disposed of. 

In the recent past, the High Court has issued a series of similar orders. The High Court last week had 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. Furthermore, the High Court vide order dated January 17 had 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: Pabitra Rajbanshi and Ors v. The Chief Secretary, Government of West Bengal and Ors 

Case Citation: 2022 LiveLaw (Cal) 12. 

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