‘Public money’: Allahabad High Court seeks recovery of funds given to ineligible persons

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The court noted that Rs 9.6 lakh had so far been recovered in connection with the alleged fund misappropriation under PMAY, but the total amount to be recovered was unclear. (AI-generated image)The Allahabad High Court recently directed the Uttar Pradesh government to expedite the recovery of public funds that were allegedly misappropriated by extending benefits under government welfare schemes to ineligible persons.A bench of Justices Rajan Roy and Manjive Shukla, while disposing of a public interest litigation (PIL), directed the additional chief secretaries/principal secretaries of the Panchayati Raj and Social Welfare departments to ensure that the amounts are recovered “effectively and promptly”.“Let the matter be brought to the notice of the ACS/Principal Secretary, Panchayat Raj, Government of UP, and also, the ACS/Principal Secretary, Social Welfare, Government of UP, so that they may ensure recovery of the misappropriated amount from the concerned persons effectively and promptly,” the court said in the September 10 order.It noted that the government had issued notices in 2019 and had now issued fresh notices again. Questioning the delay, the bench said, “We do not know as to how long this exercise of issuing notices will continue. This is public money and the State is obliged to do the needful and if it does not do so, then it is anybody’s guess as to why this inaction.”The court noted that Rs 9.60 lakh had so far been recovered in connection with the alleged misappropriation of funds under the Pradhan Mantri Awas Yojana (PMAY). However, it said the government’s counter affidavit did not disclose the total amount that was required to be recovered from ineligible beneficiaries who had received benefits under the scheme. Justices Rajan Roy and Manjive Shukla disposed of the PIL on September 10.The bench also raised concerns over the Uttar Pradesh Social Security Pension Scheme, under which 99 ineligible persons had been granted pension. “As regards, the other public fund which was misappropriated under the UP Social Security Pension Scheme, neither the amount to be recovered has been mentioned nor it is mentioned as to whether any amount has been recovered,” the court noted.Also Read | Bank ‘returns’ 77% of PMAY housing subsidy to HUDCO, homebuyer wins Rs 1.1 lakhIt noted that the government had issued notices in 2019 and had now issued fresh notices again. The court directed that its order be brought to the notice of senior officials of the Social Welfare Department so that efforts could be made to expedite the recovery process.Story continues below this ad“Let the matter be brought to the notice of ACS/Principal Secretary, Social Welfare, Government of UP so that he may make an effort for expediting the recovery process, in fact, this should have been done by the State Government, as it is not our job to get it done. The only reason we have proceeded is, the money was public money which was given to ineligible persons,” it said.Similarly, it directed that the principal secretary of the Panchayati Raj Department be informed so that recovery of the misappropriated amount is ensured.The court also took note of disciplinary proceedings initiated against a gram panchayat adhikari. It said the proceedings had ultimately ended with the charges against the officer not being proved and declined to make any observation on the issue.Ashish Shaji is a Senior Sub-Editor at The Indian Express (Digital), where he specialises in legal journalism. Combining a formal education in law with years of editorial experience, Ashish covers court developments and key cases for the audience. Expertise Ashish is a law graduate (BA LLB) from IME Law College, CCSU. His work at The Indian Express focuses on translating the often-dense proceedings of courts into clear, legal content. He also runs liveblogs from the Supreme Court and various High Courts. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More