Rural jobs scheme: corrupt officials to be tried under IPC

Centre, in its affidavit filed before SC, claims it has told state governments to probe serious complaints and take action under NREGA.

Following allegations of corruption and misappropriation of funds in the implementation of its flagship National Rural Employment Guarantee Scheme (NREGS), the UPA Government on Monday informed the Supreme Court that states have been asked to initiate criminal prosecution under the Indian Penal Code and the Prevention of Corruption Act, against officers found guilty of misappropriation of funds.

Referring to two letters written by Union Minister of Rural Development, Raghuvansh Prasad, the Government, in its affidavit filed before the apex court, claimed that it has repeatedly reminded the state governments about its duty to have serious complaints investigated and take action under the Act, even suggesting “stoppage of release funds” as prescribed under Section 27(2) of NREGA.

Going further, the Rural Ministry pointed to the recent letter dated May 30, 2008 wherein all states were told that in such cases, “not only disciplinary action should be taken against guilty officials but simultaneously criminal prosecution should also be initiated under IPC and Prevention of Corruption Act”.

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The response came on a petition filed by an NGO, Centre for Environment and Food Security (CEFS), which had alleged that most funds allocated under the scheme “do not reach the intended recipients, and are instead siphoned off by the corrupt officials and contractors”.

The Centre, while informing the apex court that states have also been asked to recover the embezzled amount whatsoever, “from the persons concerned”, also maintained that for looking into complaints of serious nature, “National Level Monitors” are deputed by the Ministry itself.

By June-end, 2008, 42 area officers will cover 84 districts of the state and 261 NLMs will also visit different parts of the country to monitor the Act’s implementation, the affidavit further informed, asserting the “important role” it has in effective implementation of the Act.

The UPA Government, in its attempts to showcase its legislation during the Lok Sabha polls has filed a carefully drafted affidavit, portraying its intent to plug all the loopholes in the Act’s implementation.

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Admitting of “shortcomings” in the implementation, the affidavit filed by Raman Kant Sood, under secretary in the Ministry also submitted, “There is also positive impact of the efforts so far, such as abatement of distress migration from rural areas, increase in rural wage rates, strong women participation.”

Earlier on May 16, acting on submissions of advocate Prashant Bhushan, who appeared for the NGO, the bench of Chief Justice K G Balakrishnan had issued notice to the Rural Development Ministry besides chief secretaries of all states.

Urging the Court to make the authorities concerned accountable for non-implementation of the Act,the counsel had pleaded that directions are issued for fixing liability on the Chief Secretary or the district collector.