0:00 Five of Suvenari. There was specific allegation by the Minister of Rural Development on inquiry that was fraud, misrepresentation, usurpation and total loot of money. Please listen for some time. Hold your patience. No, you also listen to some better. Go on, go on. Go on shouting. No, no question of shouting. You are also shouting. 239.62 has been recovered. Where is the money lying? Please ask your officer, sir. Sir, if you feain ignorance, then we will draw adverse influence on. If you feain ignorance, I repeat, I repeat with utmost responsibility. Please do take action if fraud has been committed. Nobody is going to prevent you and nobody can prevent you. Let the people
0:46 who are working get their wages. Now the center and state is fighting. State has given his explanation. Center is sitting over it and they have taken a decision not to release any fund. Who is the suffering? Suffering is put to the common man. My Lord's order's order kindly come to paragraph 9 and 10. Which date of the order? Yes. 7th of October 2024. L advocate appearing for the central government is directed to get specific instruction as to what order have been passed pursuant to the report submitted by the state government. No, the action taken report. The default taken report which was submitted to us the last one we are yet to respond to that. These are the instructions latest the money which has been released to the
1:33 state government and on that basis what are the action taken report inquiry was being done the other did petition 555 of suendoari there was specific allegation by the minister of rural development on inquiry that was fraud misrepresentation usurpation and total root of money that is in the secondary petition therefore entire thing has to be assessed on the basis of the nodal officer's report. That report is going to come on record today. Yes. And that kindly see what what is this is this is an act of 2005. Your lawsuits have been pleased to go through section 27. In the event the corruption is found, we are entitled to stop payment under the act itself.
2:19 Section 27 Mr. This affidavit has to be dealt with by filing an exception because whether a trade union who is removing a petition in respect of their members can enlarge the scope of petition time and again by filing one after other supplementary this point and settle by the Supreme Court. Yes, let us see. Let us see what Supreme Court has said. Court will not during the proceedings find something which will not really check the conscience of court. Court will definitely not take into public. It is limited to the members. Not limited to the members. Yes. Not by an individual. This is a public inter litigation. I I really would request LSG. Please listen for some time. Hold your patience. No, you also listen to some time. Hold your go on. Go on. Go on
3:07 shouting. Therefore, no question of shouting. You are also shouting. We shall file a comprehensive opposition to this latest volumeless supplementary affidavit. This is this is my instruction from the rural development department. Now the point is whe to respond that's what they had to respond irrespective of parliament standing committee report my lord's orders are there that has to be comp yes currently then paragraph paragraph 9 10 11 we are suffering ing we are not getting
3:53 our wage we not keeping jobs in the order dated 26th September 2024 the honorable court was very specific that this pending end doesn't mean that the benefit under the statute should not be accorded to sir we made an observation on the order dated 26th September yes where we pointed out there is a dichotomy in this issue one is in respect of past action which is now being inquired into. If there is any defaulation as you said patient fraud committed take action. Yes. But prospectively why are you not implementing? Prospectively my instruction is 12 crores have been released to the
4:40 state government. How much? 12 crores. 12 instruction. This is the instruction I'm handing over and on that basis the action taken report which has been submitted to us by the state government the latest decision is not being taken on the basis of 14th January 2025 report let development department take the initiative that we have said earlier yes earlier we directed that what is the outcome of their so-called compliance exactly you please take a decision on that very And secondly, what happened to the recommendations of the parliamentary standing committee? Whether the government accepts it, not accepts it, that we shall have to disclose by fing the volumeless volumeless supplement. So
5:27 this 12 crores has been dispersed. Yes. If my learned senior friend when the report was there officer yes let us see below the face of this 12 I assume there is a corruption and corruption according to whatever the I don't know documents
6:18 only. So that was the reason we passed an order that accepting that three districts. And that is to corruption was found in 2020 or 21. Why did the money was not there from 2020? Why is the act of the act about that part but interest will not take the that will not fit the value of the four
7:03 people but I Mr. may have filed an petition on behalf of a union that's a different thing. It is it is a public interest litigation. It is not restricted to the member. No, there are other repetitions which are apart from that since your lot. I am I am also coming to your Lord. Maybe I am orally I am saying to your Lord. You file an application. We will see. I will file an application and this is a point it is for the pupils of the Bengal four years. Four years of the Bengal are being a parliament last years. No answer, nothing could not be given
7:49 and it stand is a very political stand has been taken. Unfortunately, it is there every year election election is there. Therefore, stop it. Next year is election, it is stop it. Another request I will be making since it is of course Mr. Petition Mr. will speak my request to my lord. Whatever the course of action counter whatever decide the issue very clear as quickly as possible and I will file my application as a personally I will file my application I stand correct I I stand I stand corrected you will not oppose it I I want the benefit of the scheme anyone who comes I I stand corrected kindly
8:36 come to this latest deport What is the last page? The last page B. May I have a copy? V ATR number such and such followed by revised ATR dated 14th January 2025. The state has reportedly recovered an amount of rupees to 39.62 lakhs against the instructed recovery of 537.05 lakh by the central government. The recovery of the remaining amount is still pending. So the recovery amount may be directed to pay to the Mr. 239 62 lakhs that can be dispersed. Yes. 239
9:26 for that particular it is not 537 or 239. This is entire 12th course of 15 of a year which was required to be allotted 239.62 lakhs has been recovered correct the central government said 537.05 05 lakhs have to be recovered out of which 239 has been recovered that 239 may be dispersed to present at present. Fantastic is 10 crores. This 10 crores have been stopped because of 537 what your lordship is saying the
10:13 proportionality 237 not the 237 no no sir as an interim arrangement if this 239.62 62 lakhs is disbbured probably the we are thinking aloud we don't know what's ramification of that whether this where this is the madi recovered by this central government from the state on the alleged amount of corrupted money so that part is completely different now the central government state can be dispersed to the genuine beneficiaries it who will discovered from the state by the center on the account of the misappropriated amount so the center will Let them then say that entire money should be distributed to the workers who have worked. No, this has been recovered by the state government on the allegation for of of inquiry and corruption. All
11:00 right, that this is this is this is not deposited before us. It should have been this is recovered by the state government. State has reportedly recovered. This is the language used in B clause B has reportedly recovered. Yes. And where is this 239.62 l you ask your officer let them comply in the directions given by this court on 7th of October 2024 that will give us some relief paragraph 10 11 my lord was very categorical there is a letter addressed to the secretary department of rural development and panchayatraj on 25th of July. You got it? Yes sir. I am directed to refer to the action taken report
11:47 furnished by the government of West Bengal wide so dated 53204 on the subject above submitted Mr. has examined and the following observations are made central team in its visit report has recommended recovery of 537.045 corresponding to 44 number of works but the state government has recorded 161.67 lakhs only. State government is therefore requested to furnish more details regarding recovery. Now the instruction given on February 4th to the advocate on record says that 239.62 has been recovered. Where is the money lying? Please ask your officer sir. I ask he has to get back after getting from the department of lordship. Sir if you feain ignorance
12:35 then we will draw adverse influence. All if you feain ignorance I repeat I repeat with utmost responsibility. account noodle account I have been told. Pardon? N please come forward sir. He either he is not fighting shy of reporting to us whatever you it is lying in the state nodal account. All right. Now what do we do with this money whether you are supposed to repatriate the funds to the central government or you have to disperse it to the it will depend upon the instruction of the central government. Please give instruction. Now 239.62 62 lakhs I I do I would like to mention mil lord that directly it cannot be given to the workers before workers money that come directly from the
13:21 central government to the person's account it cannot be no now the DM can be asked to collect the account numbers the respective DMs and at least as and when now out of 537 239 has been another thing is that in the meantime state government has paid to the persons who are to work in this uh yeah my lord. So it will it will depend upon the decision of the central government. They can take back this money or they can adjust it later when uh the scheme will be reopened. That can be that can happen. Then you will have to obtain instruction on that. And in this report which you are going to file today uh um what is the sum and substance of this
14:08 report sir? uh milled of 537 uh lakh that was to be recovered from the 44 number of works but it was found that 469 lakhs that is that was the actual expenditure out of this we have recovered to 39 lakh that means 2.39 cr and the rest is spending in one district that is hogi district and that is most mo all from the workers some of them have died some of them have sifted And it is not also possible the dist he has she has tried her best but it has not been possible till date to recover that uh residual amount that is the actual picture may lord. So that need might have to be written off if the person is
14:55 dead. That that is the actual the system this cannot stand in the way of allotting fresh work giving unemployment without assistance as per the statute. That is one aspect sir. In fact we have pointed that out pointed the dichotomy in more than three orders. Yes. Saying that one is in respect of past action. Second is implementation of the scheme prospectively. That's true. But Lord may not kindly appreciate sir you you have pointed out that you have got enough power to stop. No no no that a part section 27 has already been applied. It has been stopped on the ground of corruption. Number one misuse and misutilization. Thereafter thereafter your lordships have been pleased to constitute the committee to look into
15:41 the all these allegations. But the unless the report is looked into and board member committee was constituted to be headed by only constituted the committee that was this report was directed to be filed not only in respect of dispersement of a particular sum but the entire allegation relating to dispersement and stoppage under section 27. and 27 they cannot do it for a reasonable period. It cannot continue for eternity.
16:31 Copy the copy or copy. Now the the committee is still proceeding with the inquiry is over. me when the committee they inquired the they went to the districts I was also member of the committee as the commission of NRGS uh we at that time the recovery was of 220 lakh or 220 220 something and we examined all the documents in the four districts and the committee comprising uh the representative of ministry of rural development officer of CAG was there officer of principal AG was there on behalf of state government myself was there and we examined all the documents and committee has mentioned that all the recovery has been made and uh it has
17:17 been transformed transferred to the state state nal account MRG yeah that that is the and after that 19 lakh more was recovered in Vwan district so now what to do with this recovered money is the meot it it totally depends upon the instruction because the money has been what is your suggestion uh may not uh that that will depend separately but the scheme may be started and that is the main thing but it this two may not be linked I think no scheme that's the order of the code you go on implementing state is not implementing sorry to stop the implementation of the scheme now the verification process is
18:03 going on and admittedly uh a good amount has been recovered uh 2.39 crores. Uh it it may so happen that some restriction can be imposed upon the state but it can be started. Okay. See what you can do is if suppose you do not want the dispersal to happen uh through the state you evolve a particular difficulty is the entire amount which is collected has to be transferred to central treasury but then then complication direct state officer. No no no no you have to take a decision sir prospects as examined in respect of four districts as per the affidate 220.66 lakhs recovered and credited to
18:49 state nodal account of MFNRGS West Bengal and after that around another 19 lakhs has been recovered. This is lying in the state nodal agency fund of MF NRGs. You give instruction what to be done. Very today itself my junior you monitor. Yes. See the thing is that that is what we are trying to impress upon the central agency that please do take action if fraud has been committed. Yes. Nobody is going to prevent you and nobody can prevent you. No, that is for in respect of repetition number 555 there is a prayer for CBI appointment engagement on the ground of fraud detected by an on inquiry not
19:36 going to solve the problem. So therefore in respect of whatever uh according to you defalcation has occurred committee has gone into it where central government member is also there they have made recovery 220 plus another 90 it is with the state nal agency account of this particular scheme not with their account it so you give instruction what has to be done to this money give us some time and also we are taking instruction about the prospective operation of the statuto obligations that can be done sir. See you don't want to trust the officers of the state in taking forward the scheme. You pass a special order for the state of West Bengal because the scheme is in the act
20:23 is in. And if and what you do is you make all checks and balances how the dispersal should take place. All right. Henceforth if assuming there is a work being allotted in a particular district the the concerned district magistrate or whoever is officer he will collect all the beneficiaries bank account numbers that bank account number can be transferred or information be given to a central agency under the scheme who will be stationed in West Bengal. So as and when the bills are raised by the DM you do the verification then directly you transfer it you make the special order system which was prevailing after the release the continuation of the scheme was it was at
21:10 the block level and the punch no you don't do that yes then kindly kindly give us some direction to do this and kindly also give us time instruction how to start implementing directions are Yeah, the amount goes directly to the not only central government there is a state contribution. Therefore, any are that is there can pass the direction both the central government and the state government. No, they they are better people too because the method of accounting etc. There should be a central government officer who is involved and a state government officer who is involved who will take care of
21:57 the disbbursement. Yes. See the thing is your concern is that this money should reach the genuine beneficiary. Correct sir. Your allegation is it did not reach. Your allegation has been partially proved to be right which has resulted in recovery of about 500 uh two I mean 237 237 239.62 lakhs. So that according to our officer sir it is lying with the state nodal agency account under this particular uh Marshmandi rural employment guarantee scheme. So you when you open up the scheme now you pass a special order you regulate it
22:42 in whatever manner you want. You want to make the disbbursement directly do it. Or you want to monitor the disbbursement by putting an officer with the state agency please do it. or or restrict the state agency's role only to bring in their share of funds to be to a common account state account from there you monitor. So ultimately the scheme should not be stalled. He has just stalled this.