Court orders expeditious completion of investigation into fraudulent disbursement under West Bengal Disability Pension Scheme, 2010, urging authorities to bring culprits to justice
In a significant ruling on August 28, 2026, the Division Bench of the Calcutta High Court, comprising Acting Chief Justice Tapabrata Chakraborty and Justice Atarup Banerjee, disposed of a Public Interest Litigation (PIL) concerning the alleged fraudulent utilization of government funds allocated under the West Bengal Disability Pension Scheme, 2010. The petition, filed by Suraj Sk, a public-spirited individual, accused certain officials in the Samserganj Panchayat Samity of diverting disability allowances to ineligible beneficiaries, thus depriving genuinely entitled disabled persons of their rightful benefits.
The PIL sought directions for a fair, impartial, independent, comprehensive, and time-bound inquiry into the entire process of identification, medical assessment, verification, selection, sanction, and disbursement of disability allowances in the Samserganj Gram Panchayat and Block area. The petitioner highlighted that the funds meant for disabled persons were wrongfully obtained by others with no lawful entitlement and misused for purposes unrelated to the scheme’s objectives.
During the hearing, Mr. Omar Faruk Gazi, representing the petitioner, argued that the respondent no. 9, a member of the Samserganj Panchayat Samity, along with 15 accomplices, orchestrated the wrongful distribution of funds. Detailed particulars of the illegal beneficiaries were furnished in the writ petition.
Responding to the allegations, Mr. D. N. Ray, the learned Government Pleader, informed the Court that following the complaint, the authorities initiated an investigation. The police registered Samsherganj PS case no. 613/2026 on July 5, 2026, under various sections of the Bharatiya Nyaya Sanhita, 2023 (BNSS), including provisions relating to criminal misconduct and fraud. The investigation revealed that 13 out of 15 disability certificates examined were fraudulent. Several accused persons have been issued notices under Section 35(3) of the BNSS, and witness statements have been recorded, with efforts underway to conclude the probe swiftly.
The Court recognized the gravity of the allegations and the necessity of protecting public funds designated for vulnerable sections of society. It, therefore, directed the State respondents and the investigating authorities to expedite the investigation and ensure that the wrongdoers are booked and prosecuted without delay. The Court did not impose any costs and ordered that certified copies of the judgment be made available promptly upon request.
This judgment underscores the judiciary’s commitment to safeguarding public interest and ensuring transparency and accountability in the administration of welfare schemes. It sends a strong message that fraudulent diversion of government welfare funds will be met with stringent legal action.
Bottom Line:
Public Interest Litigation - Alleged misuse of government funds under the West Bengal Disability Pension Scheme, 2010 - Court directs completion of investigation into fraudulent disbursement of disability allowance and booking of wrongdoers.
Statutory provision(s):
West Bengal Disability Pension Scheme, 2010, Sections 318(4), 336(2), 336(3), 340(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 (BNSS), Section 35(3) of BNSS
Suraj Sk v. State of West Bengal, (Calcutta)(DB) : Law Finder Doc Id # 2973656
