Gauhati High Court
Shri Nirupam Borthakur vs The State Of Assam And 4 Ors on 9 June, 2025
Author: Soumitra Saikia
Bench: Soumitra Saikia
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GAHC010050342025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1372/2025
SHRI NIRUPAM BORTHAKUR
S/O LATE KHARGESWAR BORTHAKUR, AGED ABOUT 60 YEARS R/O- FLAT
NO. B- 2- 7, TIRTHA KINGDOM TOWER, PHUKAN ALI, TARAJAN, JORHAT,
ASSAM, DISTRICT -JORHAT. ASSAM - 785001.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE SPECIAL COMMISSIONER AND SPECIAL
SECRETARY, PUBLIC WORKS (B AND NH) DEPARTMENT, ASSAM DISPUR,
GUWAHATI - 781006.
2:THE SECRETARY TO THE GOVERNMENT OF ASSAM
PUBLIC WORKS (B AND NH) DEPARTMENT
ASSAM DISPUR
GUWAHATI - 781006.
3:CHIEF ENGINEER
PUBLIC WORKS DEPARTMENT (NH WORKS) CHANDMARI
GUWAHATI - 781003.
4:THE ACCOUNTANT GENERAL (A AND E)
MAIDAMGAON
BELTOLA
GUWAHATI- 29.
5:EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT
GOLAGHAT NH DIVISION
GOLAGHAT- 785621
Advocate for the Petitioner : MR B D DAS, MR. H R DAS,MR J LOTHA,MR H K SARMA
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Advocate for the Respondent : SC, PWD, SC, AG (A AND E)
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
09.06.2025
Heard Mr. B.D. Das, learned Sr. counsel assisted by Mr. H.K Sarma,
learned counsel for the petitioner. Also heard Mr. R Dhar, learned Standing
Counsel, PWD and Mr. R Boro, learned counsel appearing on behalf of Mr.
C Boruah, learned Standing Counsel, Accountant General.
The petitioner has a limited grievance that the No Dues Certificate has
not been issued by the Executive Engineer, PWD, Golaghat (NH Division)
from which division the petitioner was superannuated. The pension
proposal of the writ petitioner could not be forwarded to the Accountant
General for release of pension.
The learned Standing Counsel on the other hand submits that No Dues
Certificate could not be issued because of a pending CBI enquiry which
was directed to be instituted by Judgment passed by the Delhi High Court.
The learned counsel for the petitioner on the other hand counters the
submission to say that the CBI has filed the status report indicating that
there are no materials to take cognizance of any offence. Under such
circumstances, there is no occasion for the respondents to withhold the No
Dues Certificate and thereby the pension proposal of the petitioner could
not be prepared and placed before the competent authorities for
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processing and release of pension.
The learned Standing Counsel PWD submits that the matter is
presently before the Judicial Department for an opinion as to whether No
Due Certificates can be issued by the PWD Department.
In view of such submissions, this Court requests Mr. B. Gogoi, learned
Addl. Advocate General, Assam, who was present in Court, to obtain the
instructions with regard to the present status in the matter.
Mr. Gogoi will also obtain necessary instructions as to whether any
pending CBI enquiry is presently underway in respect of any works relating
to the period during which the petitioner had rendered his service under
the Executive Engineer's Office, NH Division.
Let these instructions be placed before the Court on 18.06.2025.
Meanwhile this court had already directed and passed an order for
grant of provisional pension, the learned Addl. AG will also apprise as to
why the provisional pension has not been released to the petitioner.
Let a copy of this order be marked to the Office of the learned Addl.
Advocate General, Mr B Gogoi for obtaining the instructions as permitted
by this Court.
List on 18.06.2025
JUDGE
Comparing Assistant
