Gauhati High Court
Suren Boro vs The Bodoland Territorial Council ... on 26 November, 2021
Page No. 1/5
GAHC010147602020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4383/2020
SUREN BORO
S/O SRI HAGA RAM BORO, R/O VILL. AND PO. DIMAKUCHI, DIST-
UDALGURI, ASSAM, PIN-784526
VERSUS
THE BODOLAND TERRITORIAL COUNCIL AND 4 ORS
BTR, REP. BY THE PRINCIPAL SECRETARY TO THE BODOLAND
TERRITORIAL COUNCIL, BODOFANAGAR, KOKRAJHAR, ASSAM, PIN-
783370
2:SECRETARY TO THE BODOLAND TERRITORIAL COUNCIL
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
3:JOINT SECRETARY TO THE BODOLAND TERRITORIAL COUNCIL
PWD
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
PIN-783370
4:ADDITIONAL CHIEF ENGINEER
BODOLAND TERRITORIAL COUNCIL
PWD
KOKRAJHAR
ASSAM
PIN-783370
5:THE COMMISSIONER AND SECRETARY
FINANCE DEPARTMENT
GOVT. OF ASSAM
DISPUR
GHY-
Page No. 2/5
Advocate for the Petitioner : MR. K BHATTACHARJEE
Advocate for the Respondent : SC, BTC
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 26-11-2021
Heard Ms. B. Talukdar, learned counsel for the petitioner; Ms. R.B. Bora, learned
Standing Counsel, BTC for the respondent nos. 1-4 and Mr. A. Chaliha, learned Standing
Counsel, Finance Department for the respondent no. 5.
2. The subject-matter in this writ petition is execution of a contract work viz.
"Construction of C.C. Block Pavement Road from Bhooteachang Field to 13 No. Bhooteachang
village under A.O.P. B.T.C. in Udalguri Rural Road Division for the year 2016-17" ['the
Contract-Work] and non-disbursal of an amount of Rs. 71,42,519/- in favour of the petitioner
which the petitioner has claimed to be due from the authorities in the BTC. The case
projected by the petitioner in this writ petition is that after administrative approval and
technical sanction for the Contract-Work a tender notice was published, thereafter. A number
of bidders including the petitioner, submitted their bids in response to it. After evaluation of
the bids, the respondent no. 4 issued a notice to proceed dated 09.08.2017 in favour of the
petitioner to execute the Contract-Work at an amount of Rs. 90,19,870/- [Annexure-1 to the
writ petition]. The petitioner has asserted that he proceeded to execute Contract-Work as per
the specifications, drawings and agreement and completed the same on 30.10.2018. The
authorities in the respondent BTC physically verified the Contract-Work and found that the
Contract-Work had been completed as per the specifications, drawings, and agreement. In
that connection, the Executive Engineer, PWD, Udalguri Rural Road Division, Udalguri had
issued a Completion Certificate [Annexure-4 to the writ petition]. After completion of the
Contract-Work, the petitioner submitted his final bill amounting to Rs. 89,80,281/- and out of
the said amount, an amount of Rs. 18,37,762/- has already been released in his favour. But
an amount of Rs. 71,42,519/- has remained outstanding which fact is evident from the details
Page No. 3/5
of payment signed by the Executive Engineer, PWD, Udalguri (R&B) Division, Udalguri
[Annexure-2 to the writ petition]. As the said amount, Rs. 71,42,519/- has not been
disbursed till date, the petitioner has approached this court by this writ petition seeking a
direction to the respondent authorities to disburse the said amount.
3. Ms. Bora, learned Standing Counsel, BTC has submitted that though from the
documents annexed to this writ petition it is prima facie reflected that the petitioner had
completed the Contract-Work and a part of the final bill amount has been released but still
there is requirement for verification of the matter. It is submitted that a decision has been
taken by the respondent BTC authorities to examine all the pending claims relating to
contract works and to that effect the respondent no. 2 has passed an order on 15.11.2021.
As per the said order, the respondent BTC authorities have undertaken to examine all the
cases relating to outstanding liabilities within a period of 6 [six] months from the date of
issuance of the said order. Ms. Bora has placed a copy of the said order before this Court.
4. The order bearing No. BTC/F(Audit)/49/2021/Pt-I/1] dated Kokrajhar, the 15 th
November, 2021 reads as under :-
" BODOLAND TERRITORIAL COUNCIL SECRETARIAT
BODOFA NWGWR::KOKRAJHAR
No. BTC/F(Audit)49/2021/Pt-I/1 Dated- Kokrajhar, the 15th November, 2021
ORDER
WHEREAS it has been noticed that huge number of outstanding liabilities have been
created by the erstwhile BTAD authority since 2011 to February, 2020 through
contractual work orders to the Contractors/Suppliers, etc. under various entrusted
departments of BTC without corresponding budget provisions
WHEREAS the outstanding liabilities created by the erstwhile BTAD authority are
required to undergo detail examination and verification in the context of proposals of
such works made, NIT, selection of successful bidders, quality of works, completion of
Page No. 4/5
works, fund position, part payment, etc.
WHEREAS it is further noticed that a good number of court cases have been filed
before the Hon'ble Gauhati High Court as well as in the District Courts of respective
District Jurisdictions under BTAD by the Contractors/Suppliers, etc. praying for
release of payments to the Contractors/Suppliers, etc. against their respective work
orders
WHEREAS, reportedly, out of the aforesaid contractual works, some part payments
also made against portion of works completed by the Contractors/Suppliers, etc. by the
erstwhile BTAD authority in certain cases. However, such fund flow does not follow any
rationale and is found to be arbitrant
AND THEREFORE, in view of the above facts and circumstances, the BTC has decided
to verify all such works by conducting comprehensive audit, financial verification and
physical verification wherever applicable, against all such contractual works in the
Govt. level and further to complete the whole exercise in this regard within 6 (six)
months from the date of issue of this order. After verifying the same, if it is found that
the claims are admissible after following all established financial norms, the same shall
be processed in accordance with law and as per decision contained in Tamsher Ali and
others vs. State of Assam and others reported in 2008 (4) GLT 1 accordingly.
Furthermore, if instances of wrongdoing or misappropriation are found during such
comprehensive audit, financial verification and physical verification wherever
applicable, appropriate legal action would be taken against the persons/agencies/firms
concerned in accordance with the applicable laws.
This order shall come into force with immediate effect."
5. Ms. Talukdar, learned counsel for the petitioner having gone through the said order,
has submitted that the process regarding payment of the outstanding dues to the petitioner
shall be completed within the stipulated time period as mentioned in the said order.
6. Having considered the contents of the said order dated 15.11.2021 and the decision of
the Full Bench judgment of this Court, rendered on 29.09.2008, in Writ Appeal No. 484/2005
[Tamsher Ali and Ors. vs. State of Assam and Ors.] , reported in 2008 [4] GLT 1 [FB] and
Page No. 5/5
similar other 194 writ petitions, it is considered appropriate that the respondent authorities in
the respondent BTC shall undertake the exercise in terms of the said order dated 15.11.2021
in respect of the claims of the petitioner also and complete the exercise within the time frame
mentioned in the order. If after such exercise, the petitioner is found entitled to the amount
of Rs. 71,42,519/- or any other amount, the same shall be released in favour of the petitioner
forthwith thereafter. The petitioner shall submit a certified copy of this order to the Additional
Chief Engineer, Public Works Department, Bodoland Territorial Council, Kokrajhar within 7
[seven] days from today for his doing the needful.
7. The writ petition stands disposed of in terms of the above observation and direction.
JUDGE
Comparing Assistant
