Irrigation Department drags its feet as…. Corrupt officials find safe haven at Endagala Anicut

• The Irrigation Engineering staff is said to have misappropriated public funds to the tune of several millions of rupees
• Substandard materials have been used for the construction which has led to severe leakages in the concrete gravity dam

The Irrigation Department, which is allegedly branded as ‘a den of corruption’, has become a haven for its corrupt employees. They are said to be well protected by the majority of their superiors.   
Following the National Audit Office revelation of how the Irrigation Engineering staff engaged in the construction of the Endagala Anicut (3rd phase) in Hiriyala Division, Kurunegala has defrauded millions of rupees from the project allocation, requests have been made to the Director General (DG) to report the fraud to the Criminal Investigation Department (CID) as per Sections 103 and 104 of the Financial Regulations (FR). Interestingly the DG has repeatedly ignored these requests.   

The Irrigation Engineering staff is said to have misappropriated public funds to the tune of several millions of rupees. An audit conducted by the National Audit Office has revealed who is responsible for this fraud and how substandard materials have been used for the construction which has led to severe leakages in the concrete gravity dam.   
In one of their audit queries, dated June 23, 2022, the Audit Officers have questioned why the Irrigation Department does not take action against these corrupt officers, under Sections 42 and 43 of the Establishment Code (EC). However, the Irrigation Department is yet to serve charge sheets on the accused despite a preliminary inquiry is being initiated; the inquiry is progressing at a snail’s pace.   

“As per the Government FR, a complaint has to be lodged with the CID either by the Chief Accounting Officer who is the DG. Although requests have been made to the DG, no actions have been taken yet. In addition, as per the EC, charge sheets have to be served on the accused and they have to be sent on interdiction until the inquiry concludes. This is done to prevent them from influencing the inquiring panel and misusing their positions to harass witnesses. If proven innocent they will be reinstated. But the Irrigation Department acts otherwise. Instead of sending them on interdiction the Department has stopped the work of the project, allowed them to remain in their positions and continue work until preliminary investigations conclude. Preliminary inquiries are conducted at a snail’s pace in the guise of ‘taking action’ against the corrupt,” a Senior Irrigation Officer said on strict conditions of anonymity.   

Severe criticism

Out of the many irrigation projects that have come under close scrutiny of the Government Audit Officers, the Irrigation sources, provided copies of official documents of the Endagala Anicut construction, seeking to expose the corrupt deeds of the Engineering staff.   
Both present and former Directors of the Irrigation Department Kurunegala Engineer Jayantha de Silva and Engineer K.B.V. Indrapala respectively have come under severe criticism for their direct involvement in aiding and abetting their subordinates to misuse public funds. Engineer Indrapala is presently the Additional Secretary at the Ministry of Highways.   
The rest of the accused in the scam are, the Chief Engineer Samanthi Jayamanne, Divisional Engineer Gayani Siriwardena, the former Divisional Engineer Dasan Ratnayake, former Engineering Assistant Amila and Accountant Ms. Botheju.   

None of these officers, when contacted to obtain comments for the allegations leveled against them told this newspaper that they cannot talk to the press without the DG’s consent. However on the request of this newspaper, the former DG Nihal Siriwardena few days before he went on retirement granted permission to these officers to talk to the media. Despite of this permission, they still refused to make comments and instead wanted the newspaper to send the questions via e-mail to the Director Irrigation Kurunegala.   
As requested, an e-mail was forwarded to Engineer Jayantha de Silva with a set of questions to all the above named officials. Until the paper went for publication, other than the former Director Irrigation Engineer K.B.V. Indrapala, none of the other officers respondedd to the respective questions.   

The Daily Mirror later contacted the present DG Ms. Deepika Thrimavithana and requested her to instruct these officers to send their comments as there are serious allegations against the Kurunegala Irrigation Engineer’s staff. But Thrimavithana refused to grant them permission as there is a pending case against them.   
“I spoke to the inquiring panel in regard to your request, but they wanted me not to grant permission because of the ongoing investigation,” Thirimavithana said.   

“There are very few officials at the Department who want to expose the corruption taking place at every irrigation project. But most individuals in the top management are aiding and abetting the crooked ways of these officers. Few years ago, it was we who exposed the Gin-Nilvala irrigation fraud. But to date, no action has been taken by the respective governments against those who were involved. The former Secretary was heavily involved in this fraud and amassed billions of tax payers’ money together with the then subject Minister. We exposed them with all proven documents. In fear of a possible arrest this Secretary left the country in 2015 and returned after the 2019 Presidential election as he was offered a higher position in the Government. Unless we all get together and remove these corrupt officers from the Irrigation Department, public funds will be misused to their whims and fancies,” Irrigation Department sources said.   

As per the documents this newspaper is in possession of, for the Endagala Anicut and sluice structure construction, the Kurunegala Irrigation Department has used substandard construction materials. Though there is evidence to prove how these officers have violated government Administrative Regulations (AR) and Financial Regulations (FR) when discharging their duties, questions are raised why the Irrigation Department is dragging their feet to send them on compulsory leave until the inquiries conclude. It is alleged that these accused officers are threatening the witnesses.   

Although plans were afoot to allocate funds for this project from the Irrigation Department’s Irami Vote, later the funds were released from Wari Saubhagya Vote.   
According to the Irrigation Department sources, projects carried out under the Irami programme, are awarded to contractors, but regarding the project allocations released from the Wari Saubhagya Vote, it is the irrigation staff that has to inspect and carry out the entire project work.   

“In order to save the profit factor, all Wari Saubhagya Projects have to utilise Department resources. The machineries that are unavailable at the department can be hired from private parties. If the required labour force too is not available with the department, they can be hired from labour supplier. In addition, regarding construction materials, the department has to make the purchase directly as per the approved district buying prices. These guidelines have to be followed strictly in order to save the profit factor,” sources claimed.   
As per the documents this newspaper is in possession of, in the initial estimate for the Endagala project, where allocations were to be made under the Irami programme, a 26% profit factor has been included.Since the Vote was changed from Irami to Wari Saubhagya, this 26% profit factor had to be deducted as per the departmental guidelines. But former Director of Irrigation Engineer K.B.V. Indrapala has violated a government FR as he has not got the estimate amended.   

Engineer K.B.V. Indrapala together with the Accountant sanctioned the initial estimate of Rs.48.14 million (No: RKU/HW/ERMMIS/2021-26) under the Irami programme, on May 20, 2021. In the estimate Rs. 37.9 million has been allocated for civil cost (including the 26% profit factor) and the rest Rs.10 million as the general cost. Though the Vote was changed to Wari Saubhagya, the former purposely failed to get the estimate amended by deducting the 26% profit factor. Had Engineer Indrapala got the estimate amended as per Wari Saubhagya guidelines, the estimated cost for civil work excluding the profit factor would have been Rs.28.05 million.   

Project not completed 

Although the sanctioned estimate, the civil cost to complete the construction work with the profit factor was Rs.37.9 million, both Engineer Indrapala and De Silva are accused of spending more than Rs.40 million for the project though it was not fully completed.   
This is despite Director of Irrigation (Assets Management) Engineer W.K.S. Wickremapala’s instruction given to all Regional Irrigation Engineers through circular dated December 4, 2020, not to consider profit factors for rates under Wari Saubhagya national programme for rehabilitation of rural tanks and anicuts.   
The circular further states, ‘The guidelines to prepare the rates to be adopted for the work under above project attached herewith. You are instructed to use current approved district buying committee prices and work out the rates for your range. Further you may assume following factors in preparation of estimates.   

‘No profit factor should be considered for rates, overhead can be taken as 10%, Vat shall be provided, but will be released if necessary only and 6% of civil cost can be provided as E&A’.   
Although, Engineer Indrapala should have got an amendment to the estimate after the Vote was changed, he told this newspaper, that there was no necessity for him to make such a request as, the prices of all construction materials had gone up by more than three folds at the time the work commenced.   
“Due to the Corona pandemic all construction material prices escalated. As a result I did not get the estimate changed. It is with the greatest difficulty we managed with the funds received,” Engineer Indrapala said.   

The sole reason for the frauds that had taken place regarding the construction work as per the National Audit Office revelation was the fault of the Director of Irrigation and his team.   
“The Director of Irrigation cannot pass the blame on to his Chief Engineer and the subordinates. The Chief Engineer cannot put the blame on the Divisional Engineer and the Divisional Engineer cannot accuse the Divisional Engineering Assistant for the frauds that had taken place. Had the Director of Irrigation regularly checked with his subordinates how the construction work was progressing, most of these frauds could have been prevented. The Accountant too has to take the responsibility for these frauds,” Irrigation Department sources added.   
Amongst the frauds that have surfaced is the use of expired cement, substandard sand, iron bars that have failed the quality test and substandard metal used for construction work. Though substandard materials have been purchased it is alleged that records have been maintained to show that the best quality construction materials were purchased. They were also accused of not using a poker vibration machine which is an integral part when laying concrete especially for a major construction. They have also prepared forged documents to claim labour charges.   

Following these revelation, Director of Irrigation Kurunegala Jayantha de Silva has assured Audit Officers that a committee would be appointed to probe the frauds that had taken place at

Documents obtained by the Daily Mirror related to the allegations

the Endagala Anicut construction. The report dated November 21, 2022, has revealed those responsible for the substandard work and how much money they have defrauded.   
This newspaper is in possession of the said Director Irrigation’s Committee Report (DICR), which clearly shows how the engineering officers have neglected their duties.   
“This project has become a white elephant although Rs.40 million has been spent to construct part of the dam. The reason to construct an anicut was to regulate the water that comes along the stream and to store it and release it when needed for cultivation purposes. By carrying out a substandard construction where there are leaks all over the concrete gravity dam, the department has failed to stock the water and release them for cultivation purposes. More than 250 acres were to beirrigated under this project, but the department has failed to provide a drop of water this season. Although the situation is such, they have spent more than the estimated cost. No one can deny this as these details have been highlighted by the Audit Officers,” Irrigation Department sources said.   

The National Audit Officers were able to witness the corruption taking place when they physically inspected the construction site on June 3 and 19, 2022.    According to informed sources, at the time the audit officers visited the site, concrete was being laid on both sides of the Hume Pipe that releases water from the dam, but a poker vibrator machine wasn’t being used to compact the laid concrete.   

“They have mentioned in the log book that they have hired poker vibrator machines. They have taken the ‘hiring fees’, and were compacting the concrete mixture manually. It was also observed how the concrete mixture was laying on to the water that had gathered. By laying the concrete mixture without removing the gathered water, garbage and metal residuals, the quality of the concrete cannot be assured. They have also found out that the bags of cement in the stores had reached the expiry date and the metal pieces that were used for the concrete mixture were substandard- either big or tiny in sizes- not meeting the recommended sizes. The leaks from the newly built concrete gravity dam were the result of the substandard materials used. When the auditors observed that outdated cement was being used for the construction during their first physical inspection on June 3, this had been brought to the notice of the Irrigation Director, who in return had given an assurance to remove the cement stock immediately. On June 17, the Divisional Engineer had informed the audit officers that all the outdated cement had been removed from the site. When the auditors made their second inspection on June 19, they had found that the outdated stock was still remaining and had been used for the construction work that day. A part of this dam had to be demolished,” sources claimed.   

It was also revealed that samples of these materials have not been sent for quality assurance tests. “Neither the Divisional Engineer nor the Divisional Engineering Assistant were aware as to from where the sand, metal and cement have been purchased,” sources further added.   
It was also reported that a logbook has not been maintained at the site and there were no traces whether the higher officials had ever given any written instructions on the construction work. 

 
“Although a Field Stock Book has to be maintained accurately, the auditors have found out how payments have been made to construction materials which had not been brought to the stores. To whom has this money gone and who is responsible for the misuse of public funds,” these sources queried.   
It had also come to light how this Engineering staff had forged documents to imply that labourers were hired and a total payment of Rs.6.2 million has been made.   
“In the guise of labour charges, these officers have obtained Rs. 6.2 million and another Rs.2.4 million from May 2021 up to May 2022, to pay for the night watchman, the day watcher, caretaker, storekeeper and site supervisor. There was no necessity to hire services of a day watcher, a caretaker, storekeeper and a site supervisor as the Irrigation Department has enough minor staff to work at every site. Allocations have been passed only to pay Rs. 324, 000 for a night watchman,” sources said.   

Meanwhile, former Director of Irrigation Kurunegala, Eng. K.B.V.Indrapala said that he cannot accept the allegations the National Audit Office has levelled against the said project.   
“I was in charge of this project till I assumed duties at the Highways Ministry, as an Additional Secretary in March 2022. How can the National Audit Officers say that frauds have been taken place at the said project? Audit Officers do not know the technical side of such projects other than those who have experience in this field. During my tenure, outdated cement was not used for any construction work. I cannot make any comment regarding the cement issue, but none of the allegations levelled against other matters are true according to my knowledge,” Engineer Indrapala added.   

As the allocation for this project was initially to be released from the Irami Vote which was later changed to Wari Saubhagya Vote, when asked why he (Indrapala) had used the estimate under the Irami programme that included 26% profit factor, although it was funded from Wari Saubhagaya Vote, Engineer Indrapala said that although the fund allocations made under Wari Saubhagya Vote cannot include 26% profit factor, it was not practical to follow the guidelines that have imposed.   

“It is true that this allocation was passed under the Irami programme, but it was changed to Wari Saubhagyaprogramme by Engineer W.K.S. Wickramapala Director of Irrigation (Assets Management) in December 2021. For this project we spent around Rs.30 million and the balance wasn’t received. The prices of all construction work have escalated threefold. So we had to spend the initial estimated cost without deducting the 26% profit factor,”Engineer Indrapala added.   When asked why pokervibration machines were not used to compact the concrete gravity dam, Engineer Indrapala said it is not wise to compact the concrete as there are possibilities to see cracks if it over vibrates. “Even when making hugepiles for large scale constructions, most of the time the poker vibration machines are not used. There is no issue if poker vibration machines are not used to compact the concrete,” Engineer Indrapala said.   
Additional Director General Engineer Inoka Samarasuriya, who chaired the preliminary inquiry, when contacted said that she cannot talk to the media and requested this writer to contact the DG for a comment.