After the 2G scam and black money issue, the Supreme Court on Monday turned the heat on “massive corruption” in implementation of NREGA as pointed out by the CAG and gave four weeks to the Centre to make up its mind about the CBI investigation into the matter, failing which the court would “step in” to passé a judicial direction.
“We make it clear that if a clear stand is not made, (by the government) this court will step in,” a bench of Chief Justice S.H. Kapadia and Justices K.S. Radhakrishnan and Swatanter Kumar in an order said.
The apex court also referred to the report of National Institute of Rural Development (NIRD), which too had pointed out “huge misappropriation” of NREGA funds by the officials in several states.
Warning that the hard earned money of “tax payers” meant for providing guaranteed job of 100 days to the poor people in rural areas envisaged under the scheme could not be allowed to be misappropriated in this manner, the CJI said “if these reports are correct, then we will have to entrust the investigation to the CBI.”
“What is reported in the two reports, if it is true, then serious action needs to be taken,” the CJI in the order recorded making it clear that the states have to follow three basic parameters; (a) maintain the records of muster-rolls of workers given jobs under NREGA, (b) keep records of their applications which formed the basis for allocation of the work and (c) maintain the documents related to transfer of the money to the bank account of each worker.
The top court said it was mandatory for every state government to maintain these records under section 27 of the NREGA, which lays down the procedure for implementation of the rural job guarantee scheme. “Our order is strictly based on section 27 of the Act,” the Chief Justice of India clarified.
The four weeks breather came to the Centre only after Additional Solicitor General Indira Jaisingh stated that the Union government itself was contemplating to hand over the probe to CBI following reports of massive corruption in NREGA in some states.