Annual Report
2013-14
4.300 It was further informed by the Under Secretary to the Government of Chhatisgarh,
Home Department that the tenure of the Enquiry Commission had been extended for six
months w.e.f. 28 February 2014 to 27 August 2014.
4.301 The matter is still under consideration of the Commission.
33.
Corruption in MNREGA
(Case No. 547/6/1/2013)
4.302 The Commission received a complaint from Shri Ajmalbhai Desai, a former member
of the village Panchayat, Melaj, Viramgham Taluk, Ahmedabad District, Gujarat, that he
was being harassed for raising the issue of corruption in MNREGA works in the village
through RTI. He alleged that he and his son were assaulted by Vishnubhai Thakur and four
others and his son received serious head injuries. The complainant further alleged that on
his complaint FIR was not registered by police of Viramgam Rural PS under appropriate
sections of IPC and that the doctors of V.S. General Hospital Ahmedabad did not give due
care and attention in providing treatment. Further, a false case under section 302 IPC was
also registered against him by the police and Sanand PS on the complaint of Vishnubhai
Thakur.
4.303 Pursuant to the directions of the Commission a spot enquiry into the matter was
conducted by Investigation Division. During the enquiry the team of the Investigation
Division carried out in-depth inspection of one MNREGA work alleged to have been carried
out in Melaj village and found use of heavy machinery (tractor and JCB) and payment in cash
for use of the machinery which was in violation of the provisions contained in the guidelines
for the MNREGA scheme.
4.304 The team observed that Completion Certificates were not being awarded, even
inspections by district officials and mandatory social audit was not conducted in all 14
MNREGA works executed in Melaj and Kadipur villages during 2011-2012. Vishnubhai
Kanabbhai Thakur and four others had assaulted the complainant and his son and others on
29 August 2012. Appropriate sections were not invoked for the offence though it was found
that Pragbhai Ajmalbhai Desai, the son of the complainant, suffered a fracture on back side
of his head and MLC report of V.S. Hospital had also confirmed the same. Even police had
not collected documentary evidence from the hospital till the date of visit of the team.
4.305 The enquiry team of the NHRC found that the allegations of the complainant
regarding his false implication in case FIR No.198/12 dated 28 September 2012 under
Section 302 IPC of PS Sanand were substantiated. The first information report was lodged
on hearsay evidence against the complainant (to the NHRC) with whom the informant of
the FIR had previous enmity. Moreover, the FSL report did not support the version of the
informant. Further, the alleged accused in the FIR No.198/12 (complainant to the NHRC)
also pointed out that he was at Gandhi Nagar on that fateful day (i.e. on 28 September 2012)
82 | NHRC
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