rediff.com: House committee to probe AG's role in fodder scam

The Bihar assembly Saturday endorsed a resolution, adopted by the state legislative council, to constitute a nine-member joint house committee to go into the role of the accountant general in connection with the withdrawal made from various state treasuries by the animal husbandry department during the fodder scam period.

The resolution was endorsed by voice vote when agitating members of the entire opposition parties, including the Bharatiya Janata Party, Janata Dal-United, Samata, Jharkhand Mukti Morcha-Soren staged a walk-out describing the resolution as unconstitutional.

As the house re-assembled after the lunch-recess, Leader of the Opposition in the state assembly S K Modi said under rules of executive business, the upper house could not recommend any resolution relating to money matters to the assembly.

He said when public accounts committee had been constituted to go into the reports of the accountant general, the constitution of the house committee would only encroach upon the right of the PAC.

Rashtriya Janata Dal national spokesman and Minister for Excise and Prohibition Shivanand Tiwari said the AG had failed to discharge its constitutional duties in highlighting the fraudulent withdrawals on time.

He said though the fraudulent withdrawals were continuing since long the AG in its report had only highlighted that excess withdrawals were taking place from the treasuries by the state animal husbandry department.

Tiwari said the AG in his report in 1996 highlighted fraudulent drawals when the state government instituted cases after the fodder scam was unearthed.

He said the AG's office was accountable to the audit and accounts of the state and it erred in discharging its responsibility.

Modi drew Tiwari's attention to his earlier stand on the fodder scam being a petitioner in the public interests litigation on which Patna High Court ordered a CBI probe into the scam.

''It is shameful that Tiwari has now changed his stand after switching over to the RJD from Samata. Tiwari has earlier never highlighted the misconduct of the AG.

Tiwari said former chief minister Laloo Prasad Yadav, who had also held finance portfolio, had been remanded to judicial custody thrice in the scam cases, ''but we should also examine the role of AG in delaying to highlight fraudulent drawals."

Samata legislature party leader, Umashanker Singh, JD-leader, Ganesh Prasad Yadav and CPI-M legislator who is also chairman of the PAC, Ramdeo Verma also objected to the resolution.

''It is unfortunate and unconstitutional to examine the role of constitutional bodies... If we endorse the resolution it will set a bad precedent'', they added.

Ganesh Prasad Yadav (JD-U) said the council had no right to decide to constitute a joint panel on matters relating to money bills. He said, ''Money bills are referred to the upper house from the lower house for endorsement''.

State Water Resources Minister Jagdanan Singh said the council within the prescribed rules of executive business passed the resolution for the joint house committee and it was now for the assembly to debate in favour or against it.

He said the state government was accountable and answerable to the state legislature which constitute the PAC to go into the reports by the CAG.

''It can constitute another committee to have a thorough look whether a constitutional body (AG) has erred in discharging its duties'', he said.

Speaker Sadanand Singh, quoting a book, said, ''Either of the houses of the state legislature can recommend to each other for constitution of a joint house panel but such panel can be set up only when both the houses are in agreement''.

He however said he would look into the suggestions of members that the committee would not violate the Constitution.

Opposition members raised slogans against the government for unconstitutional move and walked out.

The house later endorsed the council's recommendation by voice vote with state parliamentary affairs minister's proposal authorising the Speaker to nominate six of the nine members of the house committee while other three members would be from the council.

The council had on July 20 adopted the resolution and referred to the assembly secretariat. The proposed joint house committee will submit its report within one month.


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