Gauhati High Court
Amguri Naba Nirman Samity vs The State Of Assam And 6 Ors on 5 August, 2022
Page No.# 1/5
GAHC010039882021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL/20/2021
AMGURI NABA NIRMAN SAMITY
HAVING ITS REGISTERED OFFICE AT AMGURI NAGAR, WARD NO. 4,
P.O.AMGURI, P.S. AMGURI, DIST. SIVASAGAR, ASSAM, REPRESENTED BY
ITS PRESIDENT SRI DIGANTA SAIKIA, S/O SRI AMBESWAR SAIKIA, R/O
AMGUI NAGAR, WARD NO. 4, P.O. AMGURI, P.S. AMGURI, DIST.
SIVASAGAR, ASSAM, PIN 785680
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM, HOME AND POLITICAL (VIGILANCE) DEPTT., DISPUR, GUWAHATI
06
2:THE SECY. TO THE GOVT. OF ASSAM
URBAN DEVELOPMENT DEPTT.
DISPUR
GUWAHATI 06
3:DIRECTOR GENERAL OF POLICE
ASSAM
ULUBARI
GUWAHATI 781007
4:SUPERINTENDENT OF POLICE
DIRECTORATE OF VIGILANCE AND ANTI CORRUPTION
ASSAM.
5:SUPERINTENDENT OF POLICE
JORHAT
DIST. JORHAT
ASSAM
PIN 785001
Page No.# 2/5
6:OFFICER IN CHARGE OF JORHAT POLICE STATION
DIST. JORHAT
ASSAM
PIN 785001
7:THE EXECUTIVE OFFICER
JORHAT MUNICIPAL BOARD
DIST. JORHAT
ASSAM
PIN 78500
Advocate for the Petitioner : MR A R BHUYAN
Advocate for the Respondent : GA, ASSAM
Linked Case : I.A.(Civil)/1616/2021
AMGURI NABA NIRMAN SAMITY
HAVING ITS REGISTERED OFFICE AT AMGURI NAGAR
WARD NO. 4
P.O.AMGURI
P.S. AMGURI
DIST. SIVASAGAR
ASSAM
REPRESENTED BY ITS PRESIDENT SRI DIGANTA SAIKIA
S/O SRI AMBESWAR SAIKIA
R/O AMGUI NAGAR
WARD NO. 4
P.O. AMGURI
P.S. AMGURI
DIST. SIVASAGAR
ASSAM
PIN 785680
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM
HOME AND POLITICAL (VIGILANCE) DEPTT.
DISPUR
GUWAHATI 06
2:THE SECY. TO THE GOVT. OF ASSAM
URBAN DEVELOPMENT DEPTT.
DISPUR, GUWAHATI 06
Page No.# 3/5
3:DIRECTOR GENERAL OF POLICE
ASSAM, ULUBARI
GUWAHATI 781007
4:SUPERINTENDENT OF POLICE
DIRECTORATE OF VIGILANCE AND ANTI CORRUPTION
ASSAM.
5:SUPERINTENDENT OF POLICE
JORHAT
DIST. JORHAT
ASSAM, PIN 785001
6:OFFICER IN CHARGE OF JORHAT POLICE STATION
DIST. JORHAT
ASSAM
PIN 785001
7:EXECUTIVE OFFICER
OF JORHAT MUNICIPAL BOARD
DISTRICT-JORHAT
ASSAM PIN-785001.
------------
Advocate for : MR A R BHUYAN
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 6 ORS
BEFORE
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 05-08-2022
(R.M. Chhaya, CJ)
By this petition filed under Article 226 of the Constitution of India, direction has
been sought to take appropriate action for alleged misappropriation of government
funds allotted to Jorhat Municipal Corporation during the year 2009-2010 to 2018-
2019. It also inter alia prayed for a command directing the State Government to take
into account the audit report of the Accountant General (Audit), Assam. It is also
prayed to take cognizance of the complaint dated 21.06.2019 and 13.08.2019. Prayer
has also been made for an impartial investigation in the matter of corruption as
alleged in the FIR of Jorhat Police Station Case No. 1690/2020 registered under
Page No.# 4/5
section 409 of the IPC.
2. Heard Mr. A. R. Bhuyan with Mrs. S. Islam, learned counsel for the petitioner.
Also heard Ms. M. Bhattacharjee, learned Additional Senior Government Advocate,
Assam, appearing for respondent nos. 1 to 6, and Mr. B. D. Das, learned Senior
Advocate, assisted by Mr. R. B. Hussain, learned counsel appearing for respondent no.
7.
3. Learned counsel for the petitioner, relying upon the audit report of the
Accountant General (Audit), Assam, has submitted that there is large scale of
embezzlement of public funds which is required to be investigated by an independent
agency.
4. As against this, Ms. M. Bhattacharjee, learned Additional Senior Government
Advocate, Assam, has contended that the present PIL is not maintainable as the same
is purely based on CAG report and it is also the function of the Public Accounts
Committee to examine such report submitted by the CAG and to take remedial steps,
if discrepancy is found. It is, therefore, contended by Ms. Bhattacharhee that the
allegations levelled in this petition may be referred to the Public Accounts Committee
for their consideration.
5. Mr. B. D. Das, learned Senior Counsel appearing for the respondent no. 7 has
also raised similar contentions and relying upon the judgment of a Division Bench of
this Court in the case of the very petitioner vs. The State of Assam & others, being PIL
No. 68/2021 (Amguri Naba Nirman Samity vs. The State of Assam and Ors.), dated
19.05.2022, has submitted that in a similarly situated case filed by the petitioner, the
matter has been placed for consideration of the Public Accounts Committee.
6. No further submissions or contentions have been raised by the learned counsel
appearing for the parties.
7. A Division Bench of this Court in Amguri Naba Nirman Samity (supra), in similar
circumstances has observed thus:
Page No.# 5/5
"5. Under the circumstances, we are also of the view that since the
allegations of embezzlement are based primarily on the CAG report, the
competent forum i.e the Public Accounts Committee may have a look at
the same so that in case any illegality is found, necessary remedial
actions can be taken by the competent authority.
6. Accordingly, the State Government would cause these reports of the
CAG, which according to the petitioner disclose embezzlement of large
sum of public money meant for Social Welfare Department to the PAC for
doing the needful.
7. The State Government will accordingly cause the matter to be placed
before the PAC within the period of 8 (eight) weeks."
8. In the case on hand also the allegations made in the present petition are based
on CAG report and, hence, it would be appropriate to direct the State Government to
place the same before the Public Accounts Committee.
9. Accordingly, The State Government is directed to place the CAG report before
the Public Accounts Committee to verify the contentions raised by the petitioner as
regards embezzlement of large amount of public money meant for public purposes.
The State Government will accordingly cause the matter to be placed before the Public
Accounts Committee within a period of eight weeks from the date of receipt of a
certified copy of this order.
10. The PIL is disposed of. However, there shall be no order as to cost.
JUDGE CHIEF JUSTICE
Comparing Assistant
