Disposed

Pardeep Kumar and Ors. v. State of Haryana and Ors.

Punjab & Haryana HC25 Nov 2011CWP/1581/2010

Case brief

AI extract

What is this about?

The High Court disposed of a public interest litigation alleging the distribution of BPL cards to ineligible persons. After noting a staggering number of ineligible holders, the Court directed the State to cancel cards, withdraw employment benefits, initiate criminal/disciplinary action against both fraudsters and officials, and fix recovery of misused funds within three months.

What did the court decide?

Directions to cancel BPL cards of ineligible persons, withdraw employment benefits, and initiate criminal and disciplinary action against officers and delinquents.

Pardeep Kumar and Ors. Vs State of Haryana… — Writ and Judicial Review | Punjab & Haryana HC (2011)

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CWP No. 1581 of 2010

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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CWP No. 1581 of 2010 Date of decision 25.11.2011

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Pardeep Kumar and others

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. Petitioners

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Versus

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State of Haryana and others .. Respondents.

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CORAM: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MR. JUSTICE RAJIV NARAIN RAINA

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Present: Mr. RN Sharma , Advocate for the appellants Mr. Anil Rathee, Addl. AG Hy.

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To be referred to the Reporter or not ?

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Whether the judgement should be reported in the Digest ?

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M.M.KUMAR,J.

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The instant petition pertains to distribution of BPL cards to ineligible persons. It has been prayed that a direction be issued to the respondents to extend the benefit of BPL Card Scheme only to deserving familles because the scheme was being misused with the connivance of public servants. A further prayer has been made to take action against those officials who extended undue benefit of BPL Cards to several well to do families and denied the same to the deserving poor families.

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On the last date of hearing an affidavit by Shri O.P.Sheoran, IAS, Director Rural Development Department, Haryana- respondent no.3 was filed alongwith the reports from various districts giving data concerning ineligible BPL card holders. We found that the figure was staggering. The affidavit revealed that there were 1,68,676 BPL card holders who were not eligible to have them. The basic object of the scheme as per letter dated 11.2.1997 (P.4) issued by the Government of India, Department of

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CWP No. 1581 of 2010

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Consumer Affairs and Public Distribution System, Krishi Bhavan was that the public distribution system is the first step to give safety and hope to the population living below the poverty line. The Government of India has indicated that it was trying to supply the food grains up to some limited quantity to the population living below the poverty line and the Government subsidy was availed to provide foodgrains under the public distribution system. In addition it was to ensure that the employment under the various schemes including Jawahar Rojgar Yojana and the scheme was aimed to attract only poorest of the poor people were to come forward. 3. On the last date of hearing learned Additional Advocate General has stated that in some cases action is under process but a decision at the State level has to be taken for rectifying the error of allotment of 168676 BPL cards to ineligible persons. It was indicated that the State has to cancel those cards with action against those officials who were responsible for issuing such cards. Even the benefits like employment given under any scheme to such fraudulent persons may have to be withdrawn. Accordingly, we had issued directions to the Secretary, Rural Development Department as well as Secretary Home to furnish to this Court any proposal to deal with the colossal problem created by issuance of such a huge number of BPL Cards to ineligible persons.

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In view of the aforesaid directions, an affidavit dated 23.11.2011 has been filed by Shri O.P.Sheoran, Joint Secretary, Rural Develop[ment Department, Haryana . According to the affidavit as per the directions issued by this Court on 8.11.2011, a decision has been taken by issuing directions to all the Deputy Commissioners ( R/3/1). It would be worthwhile to incorporate the aforesaid direction in this order, which reads

CWP No. 1581 of 2010

thus:

“ 1. BPL cards of all those who are found to have provided wrong information to obtain the same, be cancelled forthwith and they be made to pay the amount involved in the concessions/ facilities availed by them as such. However, while initiating action against the ineligible card holders, it may be kept in view that the eligibility is to be determined on the actual date of BPL survey in rural areas in the year 2007 and after due opportunity in the matter.

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Registration of criminal cases against those providing patently wrong information to obtain BPL cards may be considered on case to case basis.

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Recovery in cases of non-existent persons should be made from the concerned officials or persons using BPL card for personal benefits and criminal proceedings should also be launched in such cases.

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BPL survey in rural areas was conducted by Haryana Ex-servicemen League. The final details of ineligible persons may be handed over to the League for suitable action against the delinquent members.

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Responsibility of the govt. officials/ officers for supervisory laxity/ lapses may be fixed and disciplinary action be taken.

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In cases of gross negligence in furnishing wrong information or connivance, criminal proceedings should also be considered in addition to the departmental action.

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Employment given to ineligible cardholders may be withdrawn immediately.

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Recovery of expenditure incurred from exchequer for any placement-linked training or any other such benefit availed of by the ineligible BPL household may be considered.”

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It has further been pointed out that apart from the aforesaid directions, action against the guilty officers responsible for issuance of

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CWP No. 1581 of 2010

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BPL cards to ineligible persons has also been proposed. The aforesaid proposal is as under:

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i) BPL survey in rural areas was conducted by ExServicemen League. The final details of ineligible persons shall be provided to the League for suitable action against the delinquent members.

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ii) Responsibility of the govt. officials/officers for supervisory laxity/lapses shall be fixed and disciplinary action shall be taken.

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iii) In cases of gross negligence in furnishing wrong information or connivance, criminal proceedings should also be considered in addition to the departmental action.”

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There after further directions have been issued in respect of

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those card holders who have secured the benefit of obtaining employment which are as under:

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“.... It has been decided by the State that employment given to any ineligible BPL cardholders should be withdrawn immediately. You are, therefore, requested to withdraw employment from such ineligible persons who have been given the same by virtue of their being BPL cardholders immediately under intimation to this office.”

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A perusal of the aforesaid steps taken by the Rural Development Department, Haryana would show that the issue of giving BPL cards to ineligible persons has been taken very seriously by the respondent- State and action has been proposed against those card holders who furnished wrong information in obtaining BPL cards. Likewise, action against guilty officials responsible for issuing BPL cards to ineligible persons have also been proposed. Even action against ineligible card holders who have been given employment is also being taken. Therefore, we are satisfied that effective steps have been taken by the respondent-

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CWP No. 1581 of 2010 5

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state. We hope and trust that the instructions issued to all the Deputy Commissioners-cum Chairman of District Rural Development Agency/Addl. Deputy Commissioner-cum- Chief Executive Officers would be taken to its logical end and it would be ensured that the benefit of BPL cards reach only those for whom the scheme has been devised. The direction be implemented in respect of those who are found guilty of suppressing information and also against those officers who have issued the cards. Direction may also be implemented in respect of those who have secured employment by mis-representing facts. The needful shall be done within a period of three months from the date of receipt of copy of this order. Therefore, we dispose of this petition. Let the compliance report be placed on the record of the case on or before 31.3.2012.

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The writ petition stands disposed of in the above terms.

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(M.M.Kumar) Judge

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25.11.2011

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(Rajiv Narain Raina) Judge

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okg

Pardeep Kumar and Ors. v. State of Haryana and Ors.

Case brief

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Pardeep Kumar and Ors. v. State of Haryana and Ors.

Case brief

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