Gauhati High Court
Sanjit Boro vs The State Of Assam And 5 Ors on 8 April, 2022
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GAHC010070692022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2564/2022
SANJIT BORO
S/O GANDESWAR BORO, R/O VILL AND P.O.-DOLOGAON, DIST-
KOKRAJHAR, BTR, ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT
OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT,
DISPUR, GUWAHATI-6
2:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
ASSAM
JURIPAR
PANJABARI
GUWAHATI-37
3:THE BODOLAND TERRITORIAL COUNCIL
REPRESENTED BY THE PRINCIPAL SECRETARY
BTC
P.O. AND DIST-KOKRAJHAR
PIN-783370
4:THE SECRETARY
P AND RD
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
P.O. AND DIST- KOKRAJHAR
ASSAM
PIN-783370
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5:THE DIRECTOR
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
BTC
P.O. AND DIST-KOKRAJHAR
ASSAM
PIN-783370
6:THE BLOCK DEVELOPMENT OFFICER
SIDLI
CHIRANG DEVELOPMENT BLOCK
SIDLI
DIST-CHIRANG
PIN-783393
BTR
ASSA
Advocate for the Petitioner : MR R DHAR
Advocate for the Respondent : SC, P AND R.D.
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 08-04-2022
Heard Mr. R. Dhar, learned counsel for the petitioner; Mr. A. Bhattacharjee,
learned counsel appearing on behalf of Mr. M. Nath, learned Standing Counsel,
Panchayat & Rural Development Department for the respondent nos. 1 & 2; and
Mr. R.K. Mushahary, learned Standing Counsel, Bodoland Territorial Council
[BTC] for the respondent nos. 3, 4, 5 & 6.
2. The subject-matter in this writ petition is execution of a contract work
viz. 'Construction of RCC Box Culvert at Dangsibari village' [the Contract-Work]
and non-disbursal of an amount of Rs. 8,77,000/- in favour of the petitioner
which the petitioner has claimed to be due from the respondent authorities in
the BTC.
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3. The case projected by the petitioner in this writ petition, in brief, is that
Administrative Approval for the Contract-Work was accorded on 29.05.2018
[Annexure-1]. Pursuant to the Administrative Approval, the respondent no. 6
had issued a Work Order dated 01.12.2018 [Annexure-2] for the Contract-Work
at a tendered value of Rs. 8,68,230/-. The petitioner has asserted that after
compliance of requisite formalities, he proceeded to execute Contract-Work as
per the specifications, drawings and agreement and completed the same. The
authorities in the respondent BTC through the respondent no. 6 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 respondent no. 6 had issued an Advice Slip for Payment
[Annexure-3] for an amount of Rs. 8,77,000/-. The petitioner submitted his final
bills for the Contract-Work for an amount of Rs. 8,77,000/-. As the said amount
of Rs. 8,77,000/- 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 amount.
4. Mr. Mushahary, 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 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. 3 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. Mr.
Mushahary has placed a copy of the said order before this Court.
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5. The order bearing No. BTC/F(Audit)/49/2021/Pt-I/1] dated Kokrajhar, the
15th 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
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
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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."
6. Mr. Bhattacharjee, learned counsel, Panchayat & Rural Development
Department has also endorsed the said submission.
7. Mr. Dhar, learned counsel for the petitioner having gone through the
order dated 15.11.2021, 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
8. 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.], and similar other 194 writ petitions reported in 2008 [4] GLT 1 [FB], 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. 8,77,000/- 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 Principal Secretary, Bodoland
Territorial Council [BTC], Kokrajhar i.e. the respondent no. 3 within 7 [seven]
days from today for his doing the needful.
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9. The writ petition stands disposed of in terms of the above observation
and direction.
JUDGE
Comparing Assistant
