Patna, Nov. 21: In a major relief to the Nitish Kumar government, Patna High Court today dismissed a petition seeking a CBI probe into the alleged misappropriation of funds to the tune of Rs 11,412.54 crore, withdrawn for various development schemes till 2008, for which the government has not submitted the detailed contingent (DC) bills.

A division bench comprising Justice Prakash Chandra Verma and Justice Aditya Kumar Trivedi, which reserved judgment on July 11 this year, dismissed the public interest litigation (PIL) filed by advocate Arvind Kumar Sharma seeking a direction to the CBI to investigate and institute a case against the state government.

The court also accepted the state government’s submission and noted that since the Public Accounts Committee (PAC), which functions like a “Mini House of the Assembly”, is seized up with the matter and the report is yet to be discussed in the Assembly, hence, the CBI probe is not warranted in the case.

In its 38-page order, the bench said: “We are not satisfied that prima facie case is made out to issue a direction for CBI inquiry. However, we expect that the honourable chairman of Public Accounts Committee will complete the report as early as possible.”

The perusal of the rules clearly mentions that the PAC has all the powers to correct the decision and submit its report before the Assembly, the judgment said and added that the committee may take action in case of any defalcation in the voted budget or in the money withdrawal from the contingency fund.

Appearing for the petitioner, advocate Dinu Kumar submitted that the comptroller and auditor general (CAG) in its latest report has pointed out that DC bills to the tune Rs 15,850 crore are pending for the past eight years (2002-2010). The report said the bills have not been submitted despite repeated audit objections.

Kumar sought the CBI probe with regard to the misappropriation/ defalcation of the government money to the tune of Rs 11,412.54 crore as per the CAG report ending up March 2008, from 2002 to 2008, relating to NREGA (now MNREGA), mid-day meal scheme, Indira Awas and other schemes.

The drawing and disbursing officers (DDOs) of the state government are authorised to withdraw money through abstract contingency (AC) bills to meet the expenditure not incorporated in the budget.

The DDOs are required to submit the DC bills (along with original vouchers) to the accountant-general, accounts and entitlement, Bihar by the end of six months from the withdrawal of money.

Kumar submitted that the total misappropriated funds has reached to a whopping Rs 61,769.88 crore, including Rs 11412.54 crore against long pending DC bills, Rs 6661.03 crore for non-submission of utilisation certificate and another Rs 37,571.49 crore against non-reconciled expenditure.

Appearing for the government, advocate-general (AG) Ram Balak Mahto, who was assisted by additional advocate-general (AAG) Lalit Kishore, submitted that the CAG report, on which the petitioners have based their grievance, is being considered by the PAC.

“This court should desist from directing any third agency to investigate on the basis of findings of said report (CAG) because that would tantamount to encroachment upon sovereignty of the House,” Kishore submitted.It may be noted that the high court on July 15, 2010 in one of its orders, had directed the director, CBI, and joint director, CBI, Patna, to remain present in the court on July 26, saying that it (case) calls for investigation by an independent agency beyond the reach of the state government.

Later, the high court in its July 23, 2010 order stayed its earlier direction to the CBI director and joint director to personally appear in the case.