Gauhati High Court
Phanindra Nath Brahma vs The State Of Assam And 5 Ors on 14 March, 2022
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/5
GAHC010044212022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1772/2022
PHANINDRA NATH BRAHMA
S/O- SRI GAJENDRA NATH BRAHMA, R/O- VILL.-0 ANGTHIHARA, P.O.
DOTMA, DIST. KOKRAJHAR, BTR, ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT
OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT,
DISPUR, GUWAHATI-6.
2:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
ASSAM
JURIPAR
PANJABARI
GUWAHATI-37.
3:THE BODOLAND TERRITORIAL COUNCIL
REPRESENTED BY THE PRINCIPAL SECRETARY
BTC
P.O. AND DIST. KOKRAJHAR
PIN- 783370.
4:THE SECRETARY
P AND RD
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
P.O. AND DIST.- KOKRAJHAR
ASSAM
Page No.# 2/5
PIN- 783370.
5:THE DIRECTOR
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
BTC
P.O. AND DIST.- KOKRAJHAR
ASSAM
PIN- 783370.
6:THE BLOCK DEVELOPMENT OFFICER
DOTMA DEVELOPMENT BLOCK
DOTMA
DIST.- KOKRAJHAR
ASSA
Advocate for the Petitioner : MR R DHAR
Advocate for the Respondent : SC, P AND R.D.
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 14-03-2022 Heard Mr. R. Mazumdar, learned counsel for the petitioner; Mr. A. Roy, learned Standing Counsel, Panchayat & Rural Development Department for the respondent nos. 1 & 2; and Mr. S.R. Rabha, learned Standing Counsel, BTC for the respondent nos. 3, 4, 5 & 6.
2. The subject-matter in this writ petition is execution of a contract work viz.
"Improvement of Village road from North Dotma to Dotma in connection with Serfanguri- Fakiragram PWD road to Trumline with GSB at Bonshi Bosti under SOPD funds BTC for the year 2018-19" ['the Contract-Work] and non-disbursal of an amount of Rs. 11,88,000/- in favour of the petitioner which the petitioner has claimed to be due from the authorities in the BTC. The case projected by the petitioner in this writ petition is that after administrative approval granted on 29.09.2018 and technical sanction granted on 23.10.2018 for the Contract-Work, the Contract-Work was awarded to the petitioner by a preliminary work order Page No.# 3/5 dated 08.02.2019 [Annexure-1 to the writ petition] for a contract price of Rs. 11,88,000/-, pursuant to the approval of the Director, Panchayat & Rural Development Department, BTC, Kokrajhar dated 04.02.2019. The petitioner has asserted that he proceeded to execute Contract-Work as per the specifications, drawings and agreement and completed the same on 23.10.2019. The authorities in the respondent BTC physically verified the Contract-Work and found that the Contract-Work had been completed as per the specifications, drawings, and agreement. In that connection, the Block Development Officer, Dotma Development Block and the Accredited Engineer, Dotma Development Block, Dotma had issued a Physical Progress Report [Annexure-6 to the writ petition] certifying that the Contract-Work was executed to the extent of 100%. After completion of the Contract-Work, the petitioner submitted his final bill amounting to Rs. 11,88,000/- to the respondent authorities but the said amount has not been released in favour of the petitioner till date despite elapse of sufficient time-period. As the said amount, Rs. 11,88,000/- 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.
3. Mr. Roy, learned Standing Counsel, P&RD Department, Assam has submitted that the respondent no. 1 has not much of role in the subject-matter.
4. Mr. Rabha, 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. Rabha has placed a copy of the said order before this Court.
" BODOLAND TERRITORIAL COUNCIL SECRETARIAT
BODOFA NWGWR::KOKRAJHAR
No. BTC/F(Audit)49/2021/Pt-I/1 Dated- Kokrajhar, the 15th November, 2021
Page No.# 4/5
ORDER
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 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.
Page No.# 5/5 This order shall come into force with immediate effect."
5. Mr. Mazumdar, learned counsel for the petitioner having gone through the said order, has submitted that the process regarding payment of the outstanding dues to the petitioner may be completed within the stipulated time period as mentioned in the said order.
6. 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.], reported in 2008 [4] GLT 1 [FB] and similar other 194 writ petitions, 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. 11,88,000/- 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 respondent no. 3 within 7 [seven] days from today for his doing the needful.
7. The writ petition stands disposed of in terms of the above observation and direction.
JUDGE Comparing Assistant