SC stays HC’s orders of judges panel to probe fin irregularities

Nagpur: Supreme Court on Monday stayed order of appointing a judges’ panel for probing into the allegations of misappropriation and financial irregularities levelled against the Maharashtra government officers. It was pronounced by the Nagpur bench of Bombay high court on August 1 while hearing a PIL by social worker Madhukar Nistane through counsel Mahesh Dhatrak alleging massive financial irregularities in the MNREGA works in Ghatanji, Ralegaon and Kelapur towns of Yavatmal District.
Apex court’s division bench comprising justices AM Khanwilkar and Deepak Gupta, while staying HC’s orders related to paragraphs 12 and 13, issued notice to respondent asking him to reply within four weeks. The special leave petition (SLP) was filed by the government through counsel Nishant Katneshwarkar praying for correcting view expressed by the HC’s division bench in paragraph 12 where former judges Ravindra Chavan and KB Zinjarde were appointed to probe alleged misappropriation and financial irregularities against the employees.

“All matters where the allegations and misappropriation are levelled and financial irregularities are prima facie apparent, those must be reported to an independent agency. Thereafter, it should monitor its day-to-day progress so that time is not lost, and benefits accused persons or delinquent officers. We find that such matters arising out of the state departments need to be looked into immediately in public interest by an independent committee which shall not be influenced by any other considerations,” a division bench comprising justices Bhushan Dharmadhikari and Zaka Haq, noted before disposing of the PIL of 2013.

The bench added that all pending grievances in which police complaints have not been filed should be reported to this panel by department concerned through their secretaries. The members would then monitor the complaints so that the wrongs are taken to logical end as per law.

While taking a note of shelter of Rule 27 of Maharashtra Civil Services (Pension) Rules, 1982, being taken in such matters by employees, the bench pointed out that responsibility to maintain and preserve records is of government employees. “When they or their colleagues see to it that records are unavailable, a common man or a taxpayer is not expected to be a mute spectator to this situation. Employees/officers can’t be allowed to walk free because charges cannot be established or offence cannot be punished. Entire system or department can’t take advantage of its own wrongs to validate the misconducts,” justices Dharmadhikari and Zaq clarified.

In SC, Katneshwarkar contended that while pronouncing its verdict, the HC, in a way made legislation, thereby encroaching upon the legislature’s domain by brushing aside Maharashtra Civil (Discipline and Appeal) Rules, 1979. “The order is clearly against law laid down by top court in case of State of Himachal Pradesh versus a parent of a student of medical college reported in 1985,” he said.