8 months ago
3
The Chhattisgarh High Court has ordered the Central Bureau of Investigation (CBI) to resume probe into allegations of a ample magnitude of wealth — meant for the payment of persons with disabilities — being siphoned disconnected by apical bureaucrats and others.
The part seat of Justice Parth Prateem Sahu and Justice Sanjay Kumar delivered the bid connected September 23 implicit a PIL filed by Kundan Singh Thakur successful 2018 alleging a large-scale misappropriation of funds astatine the State Resource Centre (SRC) and Physical Referral Rehabilitation Centre (PRRC), 2 government-run institutions acceptable up for the payment of PwDs successful the State. While the archetypal FIR was registered successful 2020 pursuing a High Court bid connected the aforesaid petition, it was challenged successful the Supreme Court and past referred backmost to the High Court arsenic ineligible proceedings continued for 5 years.
Also read: SC sets speech Chhattisgarh HC bid directing CBI to lodge FIR for alleged misappropriate of funds
The petitioner had initially moved the tribunal with allegations of fiscal irregularities successful the functioning of the 2 centres and had included astir a twelve serving and ex-bureaucrats, including 4 erstwhile main secretaries of the State, arsenic good arsenic the authorities of Chhattisgarh, arsenic respondents, said his counsel.
According to the tribunal order, the petitioner alleged that the State authorities were trying to hush up and screen up the full contented truthful that the precocious fertile officials were saved adjacent arsenic helium sought an impartial probe.
He had pegged the embezzled magnitude astatine ₹1,000 crore that was allegedly siphoned disconnected betwixt 2004 and 2012, a assertion contested by the respondents.
Huge wealth progressive
The tribunal successful its order, however, acknowledged that “it tin beryllium seen that determination is prima facie worldly disposable successful grounds earlier this Court indicating that immense money, if not 1000 crores, is progressive causing nonaccomplishment to the State exchequer and the State Government has not taken immoderate factual steps successful this regard”.
CBI’s Special Public Prosecutor successful the High Court B Gopa Kumar said that portion determination were 31 respondents – including bureaucrats and an ex-minister — successful the case, the 2020 FIR was against chartless persons. “According to the petitioner, they were each progressive successful the scam. Now that the probe volition resume, if CBI finds thing corroborative, they volition beryllium named,” helium said.
The contented
The High Court bid states that the SRC was a registered nine formed successful 2004 successful Chhattisgarh nether the National Programme for Rehabilitation of Persons with Disabilities and was the nodal bureau engaged successful the tract of planning, survey, and executing plans, projects and schemes for the persons with disabilities. Higher officials of authorities departments were appointed arsenic members of the society. The SRC was dissolved successful 2019. The PRRC is 1 of the units of the state’s Social Welfare Department established successful the twelvemonth 2012 nether the United Nation Convention for Rehabilitation of the Persons with Disabilities for providing artificial limbs and attraction to the persons with disabilities.
SRC provided funds to PRRC for outgo to employees arsenic besides for moving the establishment, its functioning and acquisition of equipment, it said.
According to the petitioner, PRRC was operational lone connected papers without determination being immoderate disposable tangible activity, the employees were shown to beryllium appointed and working, but nary recruitment process done advertisement oregon different was ever drawn nor immoderate infirmary for disabled is established.
How it came to light
The petitioner Mr. Kundan Thakur was appointed connected declaration ground successful Swalamban Kendra successful the twelvemonth 2008, had archetypal approached the High Court seeking a absorption for his regularization successful service. During pendency of his petition, helium was asked to bring no-objection certificate from his genitor section for regularization. Later, helium came to cognize that wage was being drawn regularly successful cash, showing him to beryllium moving arsenic Assistant Grade II worker successful PRRC, helium said. Thereafter, helium filed a writ petition for absorption to the CBI oregon immoderate different impartial bureau to behaviour an probe into the alleged fiscal irregularities and embezzlement of nationalist wealth astatine SRC and PRRC.
Deverishi Thakur, the lawyer who represented the petitioner successful the case, said that his client’s contention was that the authorities officials – including 4 erstwhile main secretaries – had formed the SRC with the volition of siphoning disconnected the funds. Of these officials, immoderate had retired, immoderate were moving connected extensions portion immoderate are inactive successful service.
The tribunal bid noted that the SRC was registered successful the twelvemonth 2004 but it ne'er subjected its relationship for audit. During the pendency of this writ petition and aft an enquiry, a determination was taken by the managing committee to dissolve the SRC, it added.
The tribunal besides relied upon submission by the Chief Secretary, Chhattisgarh government, that 31 fiscal irregularities had been recovered successful a peculiar audit.
Legal travel
According to Mr. Deverishi Thakur, his lawsuit archetypal approached the tribunal with a transgression writ petition but fixed the quality of the alleviation sought successful the case, the archetypal petition was converted into a Public Interest Litigation (PIL).
In 2020, the High Court had directed the CBI to registry an FIR and prehend records implicit the aforesaid PIL. This bid was challenged successful the Supreme Court, which successful October 2021, acceptable speech the High Court’s ruling and remanded the lawsuit backmost for caller information aft proceeding each parties, helium added.
