Gauhati High Court
Amguri Naba Nirman Samity vs The State Of Assam And 5 Ors on 21 September, 2022
Page No.# 1/5
GAHC010110632021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL/58/2022
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, AGED ABOUT 42 YEARS, S/O SRI
AMBESWAR SAIKIA, R/O MAGURI NAGAR, WARD NO. 4, P.O.-AMGURI,
P.S.-AMGURI, DIST-SIVASAGAR, ASSAM, PIN-785680
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT
DEPARTMENT, DISPUR, GUWAHATI-06
2:THE CHIEF SECRETARY
GOVERNMENT OF ASSAM
ASSAM SECRETARIAT
DISPUR
GUWAHATI-06
3:THE SUPERINTENDENT OF POLICE
VIGILANCE AND ANTI CORRUPTION
ASSAM
GUWAHATI-07
4:THE SUPERINTENDENT OF POLICE
CRIMINAL INVESTIGATION DEPARTMENT
ASAM
SOUTH SARANIA
ULUBARI
GUWAHATI-07
Page No.# 2/5
5:THE PRINCIPAL ACCOUNTANT GENERAL (AUDIT)
OFFICE OF THE PRINCIPAL ACCOUNTANT
GENERAL (AUDIT)
ASSAM
MAIDAMGAON
BELTOLA
GUWAHATI-2
Advocate for the Petitioner : MR. P J SAIKIA
Advocate for the Respondent : SC, P AND R.D.
BEFORE
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 21.09.2022
(R.M. Chhaya, CJ.)
Heard Ms. M. Nirola, learned counsel for the petitioner. Also heard Mr. P.
Handique, learned counsel, appearing for the respondent No.1, Ms. M.
Bhattacharjee, learned Additional Senior Government Advocate, Assam,
appearing for the respondent Nos.2, 3 & 4 and Ms. D. Deka, learned counsel,
appearing on behalf of Mr. R.K. Talukdar, learned counsel for the respondent
No.5.
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 issued 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
Page No.# 3/5
committed during the course of implementation of Mahatma Gandhi National
Rural Employment Guarantee Act (MGNREGA), Indira Awas Yojana (IAY) and
other Schemes in the Districts of Kamrup (R), Nagaon, Baksa, Karbi Anglong,
Cachar, Udalguri, Nalbari, Chirang, Kokrajhar and Goalpara Districts of Assam;
(b) to identify the Govt. Officials and other persons involved in
misappropriation of Govt. Fund and thereafter launch appropriate proceeding
for their punishment and also for recovery of the misappropriate Govt. Fund for
them;
(c) to direct Respondent Nos.2, 3 and 4 take into account the
representations dated 12.05.2020 (Annexure-L), 20.11.2020 (Annexure-M),
23.11.2020 (Annexure-N), 24.01.2022 (Annexure-O), 20.06.2021 (Annexure-P),
17.07.2021 (Annexure-Q) and 24.01.2022 (Annexure-R) submitted by the
Petitioner and do the needful for disposal of the 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 4 to submit Status Report of the
Enquiry initiated on the basis of the representations dated 12.05.2020
(Annexure-L), 20.11.2020 (Annexure-M), 23.11.2020 (Annexure-N), 24.01.2022
(Annexure-O), 20.06.2021 (Annexure-P), 17.07.2021 (Annexure-Q) and
24.01.2022 (Annexure-R) if any, before this Hon'ble Court."
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.
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
Page No.# 4/5
may be referred to the Public Accounts Committee for their consideration.
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 Ms. M. Bhattacharjee, learned Additional Senior Government
Advocate, Assam that in a similarly situated case filed by the petitioner, the
matter has been placed for consideration of the Public Accounts Committee.
No further submissions or contentions have been raised by the learned
counsel appearing for the parties.
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 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."
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.
Accordingly, the State Government is directed to place the CAG report
before the Public Accounts Committee to verify the contentions raised by the
Page No.# 5/5
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.
With the aforesaid directions and observations, the PIL is disposed of.
However, there shall be no order as to cost.
JUDGE CHIEF JUSTICE
Comparing Assistant
