Hitesh Das vs The State Of Assam And 5 Ors
2022 Latest Caselaw 366 Gua

                                                                   Page No.# 1/6

GAHC010227412021




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WP(C)/675/2022

         HITESH DAS
         S/O- LATE DALIM CHANDRA DAS, R/O- BIJNI TOWN, WARD NO. 3, P.O.
         AND P.S. BIJNI, DIST.- CHIRANG, ASSAM, PIN- 783390.



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REP. BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM,
         BLOCK-C, 3RD FLOOR, JANATA BHAWAN, DISPUR, GUWAHATI-781006,
         DIST.- KAMRUP(M), ASSAM

         2:THE BODOLAND TERRITORIAL COUNCIL
          GOVT. OF ASSAM
          REP. BY THE PRINCIPAL SECRETARY
          BTC BODO NWGWR
          KOKRAJHAR
          P.O.
          P.S. AND DIST- KOKRAJHAR
         ASSAM

         3:THE COUNCIL HEAD OF THE DEPARTMENT OF IRRIGATION
          BODOLAND TERRITORIAL COUNCIL
          KOKRAJHAR
          P.O.
          P.S. AND DIST.- KOKRAJHAR
         ASSAM

         4:THE EXECUTIVE ENGINEER
          KOKRAJHAR DIVISION (IRRIGATION)
          BODOLAND TERRITORIAL COUNCIL
          KOKRAJHAR
          P.O. AND P.S. KOKRAJHAR
                                                                        Page No.# 2/6

             DIST.- KOKRAJHAR
             ASSAM

            5:THE ASSISTANT EXECUTIVE ENGINEER
             BIJNI SUB-DIVN. (IRRIGATION)
             BIJNI.

            6:THE DEPUTY SECRETARY
             BODOLAND TERRITORIAL COUNCIL
             KOKRAJHAR

Advocate for the Petitioner   : MR. U K NAIR

Advocate for the Respondent : GA, ASSAM




                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                          ORDER

04.02.2022

Heard Mr. A. Chakraborty, learned counsel appearing on behalf of Mr. U.K. Nair, learned senior counsel for the petitioner; Ms. S. Sarma, learned Junior Government Advocate for the respondent no. 1; and Mr. S. Bora, learned Standing Counsel, BTC for the respondent nos. 2 - 6.

2. The subject-matter in this writ petition is execution of a contract work viz. "Gargaon FIS (Ph-III) (Construction of village road crossing culvert 1 No.) under SCA to TSP for the year 2016-2017, Group No. 8, under Kokrajhar Division (Irrigation), Kokrajhar" ['the Contract-Work'] and non-disbursal of an amount of Rs. 8,13,083/- incurred for execution of the Contract-Work.

3. The case projected by the petitioner in this writ petition is that after Administrative Approval dated 23.09.2016 [Annexure-A to the writ petition] and Page No.# 3/6

Technical Sanction dated 07.10.2016 [Annexure-B to the writ petition] for the Contract-Work, the respondent no. 3 ordered the petitioner to start the work by the letter dated 26.11.2016 [Annexure-C to the writ petition] at his offered bid value after deposit of the earnest money by the petitioner. The petitioner has asserted that he proceeded to execute the Contract-Work as per the specifications, drawings and agreement and completed the same on 25.01.2017. According to him, the authorities in the respondent no. 3 physically verified the Contract-Work and found that the Contract-Work had been completed as per the specifications, drawings and agreement. After completion of the Contract-Work, a final bill amounting to Rs. 8,13,083/- was submitted before the respondent authorities. But the said amount has remained outstanding. Aggrieved thereby, the petitioner submitted a representation before the respondent no. 2 on 07.09.2019 [Annexure-E to the writ petition]. As the said amount of Rs. 8,13,083/- 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.

4. Mr. 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 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. Mr. Bora Page No.# 4/6

has placed a copy of the said order before this Court.

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

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 Page No.# 5/6

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."

6. Mr. Chakraborty, 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.

7. 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. 8,13,083/- 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 Page No.# 6/6

Territorial Council, Kokrajhar i.e. the respondent no. 2 within 7 [seven] days from today for his doing the needful.

8. The writ petition stands disposed of in terms of the above observation and direction.

JUDGE

Comparing Assistant