The Court disposed of a PIL regarding un-recovered embezzled funds from MANREGA projects, directing the Commissioner, Rural Development, U.P. to recover the remaining amount within six months.
Direction to recover the outstanding amount of Rs.3,52,20,017/- from Gram Pradhans within six months.
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Court No. - 2
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 801 of 2012
Petitioner :- Veer Bhan Singh Respondent :- Union Of India Thr.Its Secy.Ministry Of Rural Development
Counsel for Petitioner :- Rajendra Singh Chauhan Counsel for Respondent :- C.S.C.,A.S.G.,Neerav Chitravanshi,R.N. Gupta
Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Saurabh Srivastava,J.
This petition was filed in the year 2012 with the prayer to cause a CBI inquiry into alleged misuse and mis-utilization of funds of MANREGA by Gram Pradhan and Gram Panchayat Adhikari in Gram Panchayat Balipur, Block Dalmau, District Raebareli.
This Court on 20.09.2022 passed the following order:-
"1. Learned counsel for the petitioner submitted that despite order passed by the Competent Authority for recovery of the amount embezzled by the Gram Pradhan, no recovery has been made from the person concerned.
2. Learned counsel for the State seeks time to file counter affidavit stating therein as to whether the amount found recoverable from the Gram Pradhan/Ex-Gram Pradhan has been recovered or not. The affidavit shall also state as to the amount, which was found recoverable from the Gram Pradhans/Ex-Gram Pradhans by various orders, has been recovered or not. The information be furnished from the year 2010 onwards.
3. Adjourned to October 20, 2022"
Pursuant to the order dated 20.09.2022, the respondents have filed a counter affidavit dated 12.12.2022 stating therein that in terms of the order passed by this Court, requisite information was sought from all the districts of State which indicated that total recoverable amount from the Gram Pradhans/Ex Gram Pradhans since the year 2010 was Rs.5,82,34,253/-, out of which Rs.2,30,14,235/- has been recovered and an amount of Rs.3,52,20,017/- is yet to be recovered. Counter affidavit further states that the Commissioner, Rural Development, U.P. vide his letter dated 09.12.2022 has instructed all the District Programme Coordinators/District Magistrates to complete the
pending recoveries and submit report within seven days.
The petition has been pending since the year 2012 and so far as the recovery is concerned, from the affidavit filed by the State authorities, it appears that some efforts have been made by the State authorities, however, more than half of recoverable amount has yet not been recovered.
Accordingly, we dispose of this petition with a direction to the Commissioner, Rural Development, U.P. to effect the recovery of the entire recoverable amount and take appropriate steps which may be permissible under law including coercive steps to complete the recovery of rest of the amount of Rs.3,52,20,017/within a maximum period of six months from today.
This order shall immediately be communicated to the Commissioner, Rural Development, U.P by the learned Standing Counsel.
Order Date :- 14.12.2022 Renu/-
Digitally signed by RENU AGARWAL Date: 2022.12.15 10:23:02 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
Veer Bhan Singh
Union Of India
Devendra Kumar Upadhyaya
Saurabh Srivastava
As recorded by the court registry
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