NREGS: SC issues showcause notices to Centre,Orissa govt

The Supreme Court on Thursday slammed the UPA government for failing to discharge its “statutory obligations” under the NREGA to ensure employment and payment of allowances to the poor of the country. A three-judge Bench,led by Chief Justice of India S H Kapadia,issued showcause notice to both the Centre and Orissa government — the state which has the worst performance record of NREGA schemes according to the apex court — as to why a CBI probe should not be ordered into “serious irregularities in the effective implementation of the schemes.” With this,the SC has made it clear that it is prima facie satisfied that there is truth in allegations of irregularities,diversion of funds,improper maintenance of records and non-implementation of schemes under the NREGA. Both the Centre and state government have three weeks’ time to file their affidavits in the court. “This clearly shows default on the part of the Union of India as well as the states in discharging their statutory obligation of achieving the public purpose that is sought to be achieved under the provisions of the Act. There seems to be serious irregularities in the effective implementation of such schemes,” the Bench,also comprising Justices K S Radhakrishnan and Swatanter Kumar,said. The court was hearing a PIL filed by an NGO,Centre for Environment and Food Security,challenging the government’s ineffective implementation of the employment guarantee law. The court said the government had “miserably failed” to create proper checks and balances to ensure transparency within the NREGA mechanism. Noting that litigation referred to the “malfunctioning” of several states,the court decided to first deal with Orissa,reasoning that the state is “accused of maximum violations and complete non-adherence to the law”. “The allegations relate to siphoning of funds,non-framing of guidelines and improper declaration and implementation of the schemes in that state,” the Bench referred to Orissa’s NREGA record. The court sought a detailed reply from the government authorities concerned on the NREGA funds released to the state each year between 2006 and 2010,the projects involved,how the funds were utilised,and whether there was any diversion of the funds to other heads of account,including the state’s revenue account.