Gauhati High Court
Amguri Naba Nirman Samity vs The State Of Assam And 2 Ors on 18 August, 2022
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GAHC010226512021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL/3/2022
AMGURI NABA NIRMAN SAMITY
HAVING ITS REGISTERED OFFICE AT AMGURI TOWN, 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
AMGURI NAGAR, WARD NO. 4, P.O.-AMGURI, P.S.-AMGURI, DIST-
SIVASAGR, ASSAM, PIN-785680
VERSUS
THE STATE OF ASSAM AND 2 ORS
TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY, FOOD,
CIVIL SUPPLIES AND CONSUMER AFFAIRS, ASSAM, C-BLOCK, 3RD
FLOOR, ASSAM SECRETARIAT, DISPUR, GUWAHATI-06
2:THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM
DISPUR
GUWAHATI-06
3:THE DIRECTOR
FOOD
CIVIL SUPPLY AND CONSUMER AFFAIRS
ASSAM
GS ROAD
OPP. BIG BAZAR
BHANGAGARH
GUWAHATI-78100
Advocate for the Petitioner : MR. A R BHUYAN
Advocate for the Respondent : GA, ASSAM
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BEFORE
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 18.08.2022
(R.M. Chhaya, CJ)
By this petition filed under Article 226 of the Constitution of India, in the form of a
Public Interest Litigation (PIL), the petitioner has prayed for the following reliefs:
"a) A writ in the nature of Mandamus by directing the respondents to cause
a high level enquiry to find out the corrupt officials of Food, Civil Supplies
and Consumer Affairs Department of Assam who are involved in the
corruption of misappropriating the Public money and to do the needful for
punishment of such officials in accordance with law;
b) Direct/command the State Government officials/respondents to take into
account the Audit reports of Accountant General (Audit), Assam (Annexure-
3, 4, 5, 6) and do the needful to fix responsibilities upon the erring officials
of the Food, Civil Supplies and Consumer Affairs Department of Assam and
to recover the misappropriated money for proper utilization of the same in
its true perspective;
c) Direct/command the Respondent No. 1 to take into account of the
representation dated 13.12.2021 (Annexure-10) submitted by the petitioner
and do the needful for disposal of the same;
d) Direct/command the respondents, more particularly, the respondent No. 2
to take cognizance of the complaint dated 13.12.2021 (Annexure-11) and do
the needful to find out the officials involved in the corruption to punish them
in accordance with law;
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-AND-
Upon cause or causes being shown your Lordships may be pleased to make
the Rule absolute by providing appropriate relief(s) as prayed for, and/or
may pass such other order(s), and/or directions(s), as your Lordships deem
fit and proper in the interest of justice.
-AND-
In the interim, pending final disposal of the instant petition this Hon'ble court
may be pleased to direct the Respondent No. 1 and 2 to submit status report
before this Hon'ble court on the representations/complaints dated
13.12.2021 (Annexure-11,11) submitted by the petitioner.
2. Heard Mr. Heard Mr. A. R. Bhuyan, learned counsel for the petitioner. Also heard
Mr. D. Nath, learned Senior Government Advocate, Assam, appearing for the
respondents.
3. Learned counsel for the petitioner has invited attention of this court to the fact
that as per the report of the Accountant General (Audit), Assam, for the period from
01.02.2010 to 31.01.2011, certain irregularities have been flagged against officials of
Food, Civil Supplies and Consumer Affairs Department, Government of Assam,
highlighting the audit objections so raised by the competent authority. It was
contended by Mr. Bhuyan that even though in the affidavit-in-opposition filed by the
State respondents certain explanations are given, however, the same has to be
examined and appropriate decision deserves to be taken by the Government and, as
such, because of the large scale embezzlement of public funds the same requires to
be investigated by an independent agency, as prayed for.
4. As against this, Mr. D. Nath, learned Senior Government Advocate, Assam, has
contended that the present PIL is not maintainable as the same is based on CAG
report. Relying upon the judgment of this Court in a similar PIL filed by the very
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petitioner, being PIL 68/2021, it has been contended by the learned senior counsel
appearing for the State respondents that the audit objections raised by the competent
authority are required to be placed before the Public Accounts Committee. It is,
therefore, contended that no further direction can be issued by this Court in exercise
of the jurisdiction under Article 226 of the Constitution of India.
5. No further submissions or contentions have been raised by the learned counsel
appearing for the parties.
6. From the averments made in the petition, it appears that the very basis of the
petition is the audit report. The allegations of corruption and large scale financial
embezzlement of public funds, as raised in this petition, are also based on such audit
objection itself.
7. At this stage, it would be apt to recall the observations made by the Co-
ordinate Bench of this Court in Amguri Naba Nirman Samity vs. The State of Assam
and Ors. (PIL No. 68/2021), which are reproduced below:
"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 an identical petition, being PIL No. 20/2021, this Court has issued similar
directions.
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9. It is a matter of fact that 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.
10. 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.
11. The PIL is disposed of. However, there shall be no order as to cost.
JUDGE CHIEF JUSTICE
Comparing Assistant
