Calcutta High Court (Appellete Side)

Suvendu Saha vs The State Of West Bengal on 21 March, 2023

                     IN THE HIGH COURT AT CALCUTTA

                     (Criminal Revisional Jurisdiction)

                             APPELLATE SIDE



Present:

The Hon'ble Justice Shampa Dutt (Paul)



                             CRR 1821 of 2019

                              Suvendu Saha

                                    Vs

                         The State of West Bengal




For the Petitioner                 : Mr. Pratip Kumar Chatterjee.




For the State                      : Mr. Madhusudan Sur,
                                     Mr. Manoranjan Mahata.




Heard on                           : 22.02.2023

Judgment on                        : 21.03.2023
                                    2


Shampa Dutt (Paul), J.:



1.

The present revision has been preferred praying for quashing the

proceeding along with the Charge Sheet being Charge Sheet no.

172/15 dated 01.05.15 under Sections 406/409/420/120B of the

Indian Penal Code arising out of Khargram Police Station Case No.

292/14 dated 25.06.14 under Sections 406/409/420/120B (G.R.

1326/14) and the proceeding thereon pending before the Ld. Additional

Chief Judicial Magistrate, Kandi, Mushidahad.

2. The petitioner's case is that the petitioner was selected to the post of

"Gram Rojgar Sevak" on purely temporary and contractual basis for

Parulia Gram Panchayet, under Khargram Panchayet Samity, Village &

P.O. - Parulia, District - Murshidabad vide Memo No. 316(9)/En

dated 09.03.2010 issued by the Block Development Officer &

Programme Officer, Khargram Development Block, Nagar,

Murshidabad.

3. That as per the aforesaid letter, the Prodhan, Parulia Gram Panchayet,

Village & P.O. - Parulia, Dist - Murshidabad, appointed the petitioner

on contractual basis for a period of one year. Since then the aforesaid

contract was renewed year to year and last on 27.03.2019 the said

contract was renewed upto 26.03.2020.

4. The Block Development Officer and Programme Officer (MGNREGA),

Khargram Development Block, Nagar, Murshidabad, by his letter being

Memo No. 44/MGNREGA/En dated 24.06.2014 requested the Officer

in-charge, Khargram Police Station to take necessary legal action as

per Rule 4(3) of West Bengal (MGNREGA) Grievance and Redressal

Rule, 2009 against the petitioner herein and five others for being

involved with the illegal activities of misappropriation of Government

Fund of MGNREGA Scheme namely, Re-excavation of Kaladhara Pond

at Village - Punia" AAP No.RTW/114/2012-2013. The Block

Development Officer in the said letter also enclosed the order dated

19.06.2014 of Additional District Magistrate (D) and Additional District

Programme Coordinator, MGNREGA, Murshidabad, copy of complaint

submitted by one Member namely, Md. Rafik Sk. of Parulia Gram

Panchayet and copy of the enquiry report submitted by Assistant

Programme Officer Technical Assistant of Khargram Development

Block.

5. On the basis of the aforesaid complaint Khargram Police Station

registered a case being Khargram Police Station Case No. 292/14 dated

25.06.2014 under Sections 406/409/420/120B of the Indian Penal

Code (G.R. 1326/14).

6. After completion of investigation, charge sheet no. 172/15 dated

01.05.2015 under Sections 406/409/420/120B of the Indian Penal

Code was submitted against the accused persons including the

petitioner.

7. That there is an order of the Joint Secretary to the Govt. of West

Bengal, Panchayet & Rural Development Department vide No. 7736-

RD/NREGA/18S-07/06 dated 04.11.2008, where the work/duty of

the Gram Rozgar Sevak in respect of measurement of NREGS has

clearly been stated, as follows:-

"With reference to the memo no. 1363/NREGA dated 23.09.2008 from your District Nodal Officer, NREGA on the subject above, this is to inform you that normally SAE/Nirman/Sahayak/Diploma holder Engineers engaged on daily wage as allowed under No. 4796(20)/RD/NREGA/18S-01/07 dated 23rd June, 2008 are meant to take measurement of works done under NREGA. However, Gram Rozgar Sevak may be allowed to take final measurement of NREGA works independently in exceptional and unavoidable circumstances subject to the following conditions:-

(1) Measurement of only simple earthwork and afforestation work, which do not require technical expertise, may be taken by the GRS in measurement sheet.

(2) The GRS will take measurement of such works only in cases where SAE/Nirmal Sahayak/Diploma holder Engineers engaged on daily wage are too overburdened to take measurement of the works but immediate measurement of works done is required to make payment of wages within the stipulated period of seven days as provided under the NREG Act. (3) The GRS should be suitably trained up about the NREGA norms and the basis for taking such measurement.

(4) The SAE/Nirmal Sahayak should undertake sample checking from time to time to ensure correctness of such measurements taken by the GRS."

8. The allegation in the written complaint is of corruption, nepotism

regarding MGNREGA Scheme and embezzlement of MGNREGA Fund

under Parulia Gram Panchayet where the scheme namely, Re-

excavation of Tank (Kaladhara Pukur) at Village - Punia under Parulia

Gram Panchayet was done. The said scheme was prepared by Sujay

Kundu, Skilled Technical Person (STP), Parulia Gram Panchayet on

06.06.2012. It was checked by a Technical Assistant, MGNREGA of

Murshidabad Zilla Parishad (MZP) on 17.08.2012. It was duly vetted by

the District Engineer, MZP on 03.09.2012. Panu Bayen, Ex. Prodhan of

Parulia GP gave the statement that Shyamal Mondal, Ex Upa Prodhan

& Md., Samiul Islam informed him about the 1st Phase work of the said

scheme. As per the Measurement Sheet he issued the cheque no.

266435 to pay Rs. 2,92,332 (Rupees two lakhs ninety two thousand

three hundred and thirty two) for wage payment. He stated that the

cheque was submitted with SBI Nagar Branch by Shyamal Mondal, Ex

Upa Prodhan along with Md. Samiul Islam. Md. Samiul Islam gave a

statement that the Muster Roll of the said scheme were prepared before

his term. As per approval of Pirunath Mondal, EA of Parulia GP &

Sujay Kundu, STP of Parulia GP he issued the self cheque for the

payment of labourers of the rest of the three phases. He has denied his

signature on the receipt copy of Keshiadanga Post Office. All papers,

documents, Statements of the labourers, Villagers show that originally,

the scheme of Re-excavation of Kaladhara Pukur was not implemented.

The Muster Roll was not prepared at the work site. No display board/

photos of the said three phases were found. The rate of payment was

not mentioned in the Measurement Sheet. Though the cash that was to

be paid to the labourers of 4 phases was withdrawn from SBI, Nagar

Branch but it was not deposited with Keshiadanga Post Office. All

though receipt copy regarding the payment of 4 phases was found, not

a single labourer was paid. This is total violation of MGNREGA Act and

embezzlement of Government Money and deprivation & exploitation of

poor labourers.

9. Mr. Pratip Kumar Chatterjee, Learned counsel for the petitioner

has submitted that it is evident from the FIR as well as the Charge

Sheet submitted by the investigating officer that the proceeding has

been maliciously instituted against the petitioner with some ill motive.

That the petitioner is in no way liable and/or in any way related with

the alleged offence as stated in the FIR. The guidelines given in the

case of the State of Haryana Versus Bhajan Lal, 1992 SUPP (1) SCC

335 satisfy the instant case. As such the impugned proceeding is liable

set aside and/or quashed.

10. Mr. Madhusudan Sur, Learned Counsel for the state has placed the

case diary and submitted that there has been misappropriation of

government fund and all the persons named in the charge sheet are

prima facie involved. And there is sufficient materials in the case diary

against the petitioner to proceed towards trial. The revision is thus

liable to be dismissed.

11. The Role and Responsibilities of Gram Rozgar Sahayak also

designated as Employment Guarantee Assistant under the Mahatma

Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGA

SCHEME) is as follows:-

a. Assisting Gram Panchayat in executing MGNREGA works at

Gram Panchayat level.

b. Overseeing the process of registration, distribution of job cards,

provision of dated receipts against job applications, allocation

of work to applicants etc.

c. Facilitating Gram Sabha meetings and social audits.

d. Recording attendance of labour every day either

himself/herself or through the mate in the prescribed Muster

Rolls at the work site.

e. Ensuring that Group mark outs are given at worksite for every

groups of labourers, so that the workers know the output

required to be given to earn wage rate every day.

f. Ensuring that all Mates attend worksites on time and take roll

calls/attendance in prescribed muster roll at worksite only.

g. Ensuring worksite facilities and updating job cards of the

workers regularly.

h. Maintaining all MGNREGS - related registers at the Gram

Panchayat level.

i. Assist the Panchayat Secretary or any other official responsible

for maintenance of MGNREGA accounts; and

j. Ensuring that the documents are conveniently available for

public scrutiny.

k. Supporting Gram Panchayat in the organization of Rozgar

Diwas and act as convener of the Rozgar Diwas.

l. Facilitating the planning process at the village level for

convergence as a part of village resource group.

m. Filling the details of eligible household after verification in the

MIS (NREGA Soft).

n. Making available index map and relevant records to State

Quality Monitor in advance of their visit.

o. Distributing pay slips amongst workers along with mates.

12. There is also a specific government order for Regularization of

Temporary/Contractual Employees and to provide security of

tenure, appropriate emoluments and certain terminal benefits to

them.

13. The specific findings in the enquiry report against the petitioner is

as follows:-

"The petitioner Suvendu Saha, GRS of Parulia GP gave the statement that as per the order of Panu Bayen, Ex. Prodhan, Shyamal Mondal, Ex Upa-Prodhan and Md Samiul Islam, Prodhan of Parulia G.P, he gave the Muster Roll to VLE for MIS. He allegedly complained that the above mentioned three persons compelled him to complete the Muster Roll illegally."

14. Like every job, the job of Gram Rozgar Sevak also requires being

sincere, honest, hard working and a person of integrity. The work

involves supervision, authority, maintaining documents, assist in

keeping accounts etc. The findings in the enquiry report in respect of

the petitioner is regarding the completion of the Muster Roll

illegally, which Involves financial payments under the

government scheme and there has been prima facie financial

irregularity.

15. Thus all these materials on record and the case diary make out a

prima facie case of cognizable offence against the petitioner,

sufficient to proceed towards trial and this is not a fit case to

exercise the inherent powers of this court.