Gauhati High Court
Amguri Naba Nirman Samity vs The State Of Assam And 4 Ors on 20 December, 2022
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GAHC010249752022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL/71/2022
AMGURI NABA NIRMAN SAMITY
HAVING ITS OFFICE AT AMGURI NAGAR, WARD NO. 4, P.O. AND P.S.
AMGURI, PIN- 785680, 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.
SIVASAGAR, ASSAM, PIN- 785680.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY, HEALTH AND
FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI-06.
2:THE COMMISSIONER AND SECRETARY
HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR
GUWAHATI-06.
3:THE CHIEF SECRETARY
GOVERNMENT OF ASSAM
ASSAM SECRETARIAT
DISPUR
GUWAHATI-06.
4:THE DIRECTOR
DIRECTORATE OF HEALTH SERVICES
ASSAM SWASTHAYA BHAWAN
HENGRABARI
GUWAHATI-781036.
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5:THE SUPERINTENDENT OF POLICE
CHIEF MINISTER SPECIAL VIGILANCE CELL
ASSAM
GUWAHATI-07
Advocate for the Petitioner : MR. P BORDOLOI
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
20.12.2022
(R.M. Chhaya, CJ.)
Heard Ms. M. Nirola, learned counsel for the petitioner. Also heard Mr. D. Saikia,
learned Advocate General, Assam, assisted by Ms. S. Sarma, learned standing counsel,
Health & Family Welfare Department, appearing for the respondents.
2. By this petition filed under Article 226 of the Constitution of India, the
petitioner has prayed for the following relives:
"It is therefore prayed that the Hon'ble Court may be pleased to admit
this petition, call for the records, issue Rule calling upon the Respondents as to
why a Writ in the nature of Mandamus or any other appropriate Writ shall not
be issued -
(a) to direct the Respondent Authorities to conduct an Enquiry through a High
Level Enquiry Committee in the matter of huge financial embezzlement
committed during the course of implementation of various Schemes under the
Director of Health Services, Government of Assam, during the financial years
from 2009-2010 to 2019-2020;
(b) to identify the Government Officials and Contractors and any other persons
involved in misappropriation of Govt. Fund and thereafter launch appropriate
proceeding for their punishment and also for recovery of the misappropriated
Govt. Fund from them;
(c) to direct Respondent Nos.2, 3 & 5 to take into account the representations
dated 31.01.2022, 15.09.2022 and 15.09.2022 Annexure-J, Annexure-K, and
Annexure-L submitted by the Petitioner and do the needful for disposal of the
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same and/or pass such other order(s) as this Hon'ble Court may deem fit and
necessary.
- AND -
In the interim, pending disposal of the instant petition this Hon'ble Court may
be pleased to direct the Respondent Nos.2, 3 and 5 to submit Status Report of
the Enquiry initiated on the basis of the representations dated 31.01.2022,
15.09.2022 and 15.09.2022 Annexure-J, Annexure-K, and Annexure-L if any,
before this Hon'ble Court."
3. Ms. M. Nirola, 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, Mr. D. Saikia, learned Advocate General, 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 Mr. D. Saikia, learned Advocate General that the allegations
levelled in this petition may be referred to the Public Accounts Committee for their
consideration.
5. Relying upon the judgment dated 19.05.2022 passed by a Division Bench of
this Court in the case of the very petitioner being PIL No. 68/2021 ( Amguri Naba
Nirman Samity vs. The State of Assam and Ors. ), it has been submitted by the
learned Advocate General, Assam, Assam 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
counsels appearing for the parties.
7. A Division Bench of this Court in Amguri Naba Nirman Samity (supra), in
similar circumstances has observed thus:
"5. Under the circumstances, we are also of the view that since the allegations
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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. With the aforesaid directions and observations, the PIL is disposed of.
11. However, there shall be no order as to cost.
JUDGE CHIEF JUSTICE
Comparing Assistant
