Haryana pension scam: Persons required to look into social justice washed hands off responsibilities, says HC

The HC bench of justice Vinod S Bhardwaj said that despite a lapse of more than 10 years, the authorities have recovered only ₹4.58 crore against the total outstanding of ₹15 crore. The principal secretary of the department has failed to give any reasons as to why the balance amount could not be recovered even though a period of more than 10 years has elapsed, the court observed

The persons who were required to look into the affairs of social justice and empowerment have chosen to wash their hands off their responsibilities and accountability, the Punjab and Haryana high court (HC) has observed, while ordering a preliminary probe by the Central Bureau of Investigation (CBI) into an alleged scam of Haryana in which ineligible persons got pensionary benefits in the state.

The order was passed in a petition, pending since 2017, seeking a CBI probe into allegations that a large-scale scam in Haryana took place in which social welfare pensions were disbursed in the name of dead persons by state officials in connivance with local bodies’ elected representatives, across state. (Shutterstock)

The HC bench of justice Vinod S Bhardwaj said that despite a lapse of more than 10 years, the authorities have recovered only ₹4.58 crore against the total outstanding of ₹15 crore. The principal secretary of the department has failed to give any reasons as to why the balance amount could not be recovered even though a period of more than 10 years has elapsed, the court observed, adding, “Such a delay could not have been possible unless the officials of the department were either inefficient or were colluding with the field staff as well as the beneficiaries thereunder. No explanation has been given as to why the recovery of the public money has not been effected from the illegal beneficiaries despite the same having been determined and identified way back in 2011,” the bench further observed asking the CBI to conduct a preliminary probe within three months and submit a report as to why the investigation of this entire case including those of the officers who were incharge of the affairs of the department not be handed over to the CBI for investigation of their conduct failing to secure the interests of the state and public exchequer.

The order was passed in a petition, pending since 2017, seeking a CBI probe into allegations that a large-scale scam in Haryana took place in which social welfare pensions were disbursed in the name of dead persons by state officials in connivance with local bodies’ elected representatives, across state. Initially, the CAG report of 2013 flagged discrepancies in the disbursal of social security pensions.

The court further observed that it was shocking that over the last 10 years, the only effective action claimed to have been taken by the department was of sending communications to the deputy commissioners and/or to other departments rather taking any effective and tangible steps to check recurrence of any such eventuality. “Further, it is also stated (in the affidavit filed by the department) that after the year 2018, the file in question was never taken up with the department officials. Nothing could have been more reflective of the active collusion of the respondent authorities,” it said.

The court noted that evidently, the officers have not only allowed such officials to retire but also ensured that the file was not taken up and now a period of more than five years has elapsed.

To an argument raised by the government lawyers that the proceedings cannot be initiated against the defaulting/erring officials after the expiry of a period of five years, the court said that it was not convinced of the bona fide of the respondent department and also the officers who remained posted at the administrative level including as directors and principal secretaries during the entire period of one since August 2012, when the allegations had initially come to the fore.