Gauhati High Court
Dulal Bora vs The State Of Assam And 8 Ors on 21 October, 2019
Author: Ajai Lamba
Bench: Ajai Lamba, Achintya Malla Bujor Barua
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GAHC010105582019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL 29/2019
1:DULAL BORA
S/O. LT. DEBEN BORA, R/O. HOUSE NO.118, RAJIB GANDHI PATH,
KHANAPARA TINIALI, DIST. KAMRUP (M), GUWAHATI.
VERSUS
1:THE STATE OF ASSAM AND 8 ORS.
TO BE REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR,
GUWAHATI-06.
2:PRINCIPAL SECRETARY
HOME AND POLITICAL DEPTT. TO THE GOVT. OF ASSAM
DISPUR
GUWAHATI-06.
3:CHIEF SECRETARY
TO THE GOVT. OF ASSAM
ASSAM SACHIVALAYA
DISPUR
GUWAHATI-06.
4:COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
LAW AND JUSTICE
DISPUR
GUWAHATI-06.
5:ADDL. SECRETARY
TO THE GOVT. OF ASSAM
HOME AND POLITICAL DEPTT.
DISPUR
GUWAHATI-06.
6:THE DIRECTOR GENERAL OF ASSAM POLICE
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ASSAM POLICE HEAD QUARTERS
ASSAM POLICE
ULLUBARI
GUWAHATI.
7:THE ADDL. DIRECTOR GENERAL OF VIGILANCE AND ANTI
CORRUPTION
SRIMANTA PUR
RUP NAGAR
GUWAHATI-32.
8:VINOD KUMAR PIPERSENIA
IAS
CHAIRMAN
APDCL
BIJULEE BHAWAN
PALTAN BAZAAR
GUWAHATI-08.
9:THE CENTRAL BUREAU OF INVESTIGATION
REP. BY SUPERINTENDENT OF POLICE
SPECIAL INVESTIGATION TEAM (SIT)
CBI
CGO COMPLEX
SECTOR-III
KOLKATA
WEST BENGAL
Advocate for the Petitioner : MR. A BHATTACHARYA
Advocate for the Respondent : GA, ASSAM
BEFORE HON'BLE THE CHIEF JUSTICE MR. AJAI LAMBA HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA 21.10.2019 (Ajai Lamba, CJ)
1. Heard Mr. A. Bhattacharya, learned counsel for the petitioner. Also heard Mr. T.C. Page No.# 3/5 Chutia, learned Additional Senior Government Advocate, Assam for respondent Nos. 1 to 7 as well as Mr. S.C. Keyal, learned Standing Counsel, Central Bureau of Investigation for respondent No.9.
2. The petition has been filed essentially to seek investigation by Central Bureau of Investigation (Respondent No.9) in terms of orders passed by this Court while dealing with P.I.L. No. 15/2013 in regard to conduct of two police officers, namely, Shri A.P. Raut, I.P.S. and Shri S.N. Singh, I.P.S. An accusation has been made that the said two officers are involved in Saradha scam.
3. It has been pleaded that a complaint was made against the said two officers on the issue referred to above. Regular Enquiry No. 52(12)/2015 was opened. Since no action was being taken, an application under the Right to Information Act was filed. Information was not furnished. In such circumstances, the petitioner was constrained to file an appeal before Assam Information Commission. The Commission by virtue of order dated 8.10.2018 noticed that there was a conscious and wilful attempt to deny or delay furnishing of the information sought. In this regard, learned counsel has referred to the contents of Annexure-2.
Learned counsel has also pleaded that by virtue of order dated 30.1.2019, regular enquiry was closed being based on pseudonymous complaint.
4. We have considered the contentions of learned counsel. We would like to refer to the relevant portion of the order dated 8.10.2018 (supra) passed by Assam Information Commission. The relevant portion is extracted hereinbelow:
"9(a) From the aforesaid, it appears that there was a conscious and wilful attempt to deny or delay furnishing of the sought for information to the petitioner and impede the second appeal proceedings that were going on in this Commission. From the facts and circumstances narrated above, it is difficult to accept that the SPIO and the deemed PIO of the Political Department as well as the Chief Secretary himself and his office were unaware of the whereabouts of a sensitive file of Political (Vigilance Cell) Department involving a matter having substantial public importance while the file was actually with the Chief Secretary Page No.# 4/5 himself. It may be recalled that thousands of unsuspecting depositors mostly the poor people from rural Assam lost their hard-earning savings due to alleged frauds amounting to several crores of rupees perpetrated on them by Saradha Realty India Ltd. and such other fraudulent firms.
(b) This seems to be a serious matter that needs to be looked into at the highest level of the State Govt.".
5. We would also like to make exact reference to the relevant contents from the order dated 30.1.2019 (supra) which read as under:
"A Regular Enquiry was initiated of vide RE No. 52(12)2015 against Sri A.P. Rout & others. The Regular Enquiry was kept in abeyance by the Government based on the representation submitted by A.P. Rout & others. Subsequently based on available records and finding the complaint to be pseudonymous, the Govt. has closed the RE against Sri A.P. Rout & others (including Sri S.N. Singh) vide letter No. PLA(V)327/2014/ECF-63381/158 dated 12/12/2018."
6. At this juncture, we find it intriguing that a complaint made in the year 2015 in regard to which a regular enquiry was initiated has been closed, the complaint being pseudonymous we also find it strange that the file purportedly was missing from the office.
7. Learned counsel for respondent No.9 has made a statement at the Bar that the CBI would have no hesitation in conducting investigation in regard to conduct of the above named two officers in case there is an accusation of them being involved in Saradha scam.
8. Taking into account various facts and circumstances of the case, we hereby direct that parawise written statement be filed by Chief Secretary to the Government of Assam, Dispur, Guwahati. Written statement be filed in the Registry with advance copy to learned counsel for the petitioner on or before 4.11.2019.
In case of failure to do the same, costs in the sum of Rs. 5000/- would be imposed to be deducted from the salary of the officer who is found responsible in causing delay in the process of the court.
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9. Petitioner would be at liberty to file rejoinder affidavit if required, on or before 11.11.2019
10. List on 13.11.2019.
JUDGE CHIEF JUSTICE Comparing Assistant