The Madhya Pradesh High Court has directed a petitioner pointing out irregularities and illegalities in the implementation of the Mahatma Gandhi National Rural Employment Guarantee Scheme to make a representation before the state government, while telling the Para-Legal Volunteers (PLV) of Morena to ensure assisting, empowering and educating the beneficiaries deprived of MGNREGS.
The Gwalior Bench, comprising Justices Sheel Nagu and Deepak Kumar Agrawal, disposed of a PIL filed by Ramanand Singh Tomar on October 8, observing that for raising grievance against non-implementation or faulty implementation of the said scheme, in-house remedy before Ombudsman is appointed in every district and thereafter before the state government is stipulated under Section 32 of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 under Rules 7 and 8 of the Mahatma Gandhi National Rural Employment Guarantee (Appointment, Powers and Duties of the Ombudsman) Madhya Pradesh Rules, 2013.
In view of the statutory remedy available to the petitioner of preferring representation before Ombudsman of the district concerned and thereafter before the state government, the Court declined interference and extended liberty to the petitioner to avail the remedy.
The Court further directed that in case there is no Ombudsman appointed and functional in Morena district, then the petitioner is free to make his representation before the state government and the same shall be decided by passing a speaking order as expeditiously as possible preferably within a period of 30 days from the date of submission of the representation.
The bench directed the PLVs of the concerned district to ensure assisting, empowering and educating the aggrieved persons who are deprived of the benefits under the said Scheme by invoking of their powers and functions enumerating in Clause 4, 5, 6, 7, 9, 10, 11 of NALSA (Effective Implementation of Poverty Alleviation) Scheme, 2015, framed by the National Legal Services Authority (NALSA).
“The report of compliance be filed by the concerned PLV within 60 days before the Registry of this Court and if the report is not filed or anything is found amiss as per the directions, then the matter shall be placed by the Registry in shape of PUD under the caption “Direction” before an appropriate Bench,” the order read.