Chhattisgarh HC directs CBI to resume probe into alleged irregularities in two institutions for PwDs

Bilaspur, Sep 25 (PTI) The Chhattisgarh High Court has directed the Central Bureau of Investigation (CBI) to resume its probe in a case registered in 2020 into alleged large-scale misappropriation of several crore rupees in two institutions set up for the welfare of persons with disabilities in the state.

Around a dozen bureaucrats, including former IAS officials, were under the scanner in the case.

The division bench of Justices Parth Prateem Sahu and Sanjay Kumar delivered the order in a PIL filed by Kundan Singh Thakur in 2018 alleging large-scale misappropriation of funds at State Resource Centre (SRC) and Physical Referral Rehabilitation Centre (PRRC), his counsel Deverishi Thakur told PTI.

"The HC had reserved its verdict on June 25 and pronounced it on September 23. In 2020, the HC directed CBI to register an FIR and seize records over the same PIL. This order was challenged in the Supreme Court, which in October 2021, set aside the High Court's ruling and remanded the case back for fresh consideration after hearing all parties," Thakur added.

As per the HC order, SRC was a registered society formed in 2004 in Chhattisgarh under National Programme for Rehabilitation of Persons with Disabilities and was the nodal agency for planning, survey, executing plans, projects and schemes for PwDs. Senior government officials were appointed as members of SRC, which was dissolved in 2019.

The PRRC is a unit of the state's Social Welfare Department established in 2012 under United Nation Convention for Rehabilitation of the Persons with Disabilities for providing artificial limbs and treatment. The SRC provided funds to PRRC for payment to employees as also for running the establishment and buying equipment, the HC order said.

Thakur said his client Kundan Singh, who was appointed on contract basis in Swalamban Kendra in 2008, approached HC seeking direction for regularization of his service.

"During pendency of his petition, he was asked to bring no-objection certificate from his parent department for regularization. Later, he came to know that salary is being drawn regularly in cash, showing him to be working as Assistant Grade II employee in PRRC. He then filed a writ petition seeking probe by CBI or any other impartial agency into financial irregularities and embezzlement at SRC and PRRC," he said.

The petition alleged large scale bungling and siphoning of public funds, which may run into several hundred crore rupees.

The PRRC is operational only on papers without there being any visible tangible activity, with employees being shown to be appointed and working, but no recruitment process through advertisement or otherwise was ever drawn nor any hospital for disabled established, as per the plea.

Persons like the petitioner and others were shown to be appointed at different PRRC and salary was withdrawn on the strength of fake list of employees, the petition alleged, adding SRC was registered in 2004 but it never subjected its account for audit.

Singh also alleged that when he sought information under the RTI Act, he was threatened with dire consequences.

"In view of the allegations and the nature of the relief sought in the case, the original petition was converted into a Public Interest Litigation (PIL). On January 30, 2020, the HC directed CBI to register an FIR in response to the PIL in which around a dozen bureaucrats, including some then IAS officials, were made respondents. Following this, an FIR was lodged by CBI," Thakur said.

The HC's order was challenged in the Supreme Court which set aside the ruling on October 7, 2021. The apex court remitted the case back to the HC for reconsideration of the matter.

"It can be seen that there is prima facie material available in the record before this Court indicating that huge money, if not thousand of crores, is involved, causing loss to the State exchequer and the State Government has not taken any concrete steps in this regard," the latest HC order said.

In the affidavit submitted by the state Chief Secretary, as many as 31 financial irregularities were found in special audit conducted through the state Social Welfare Department, indicating huge corruption, it said.

During the pendency of this writ petition and after an enquiry, a decision was taken by the managing committee to dissolve the SRC, it said.

Pursuant to the earlier order of this Court, the CBI has already registered an FIR. However, in compliance with the order of the Supreme Court, it is kept on hold. The Supreme Court has set aside the earlier order only on the ground that private respondents were not noticed and the order is passed without hearing them, it said.

"Now the respondents, after notice appeared and have not disputed that they were also members of the Managing Committee. The CBI shall proceed further with FIR registered on February 2, 2020. It shall seize relevant original records from the concerned department, organization and offices throughout the state within 15 days from the date of registration of FIR, if not done," the order said.

The CBI shall make all possible endeavour to complete a fair and independent investigation at the earliest, it added.

The HC clarified that although former Women and Child Welfare minister Renuka Singh (incumbent ruling BJP MLA) was named as a respondent in the case, no relief was sought against her in the petition, and, hence, this order would not apply to her. PTI COR TKP BNM