ASHOK KUMAR SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. U.K. Nair, learned senior counsel, assisted by Mr. R. Sarma, learned counsel for the petitioner and Mr. V. Choudhury, learned standing counsel for the respondents.

(2.) In brief, the case of the petitioner is that in the year 1984 he was appointed as Assistant Agriculture Engineer in the Agriculture Department and in the year 2006, he was promoted to the next higher post of Executive Engineer and presently, he is the senior-most Executive Engineer in the Agriculture Department. Accordingly, it is projected that the petitioner has become entitled to be considered for promotion to the next higher post Superintending Engineer. It is projected that 2 (two) posts of Superintending Engineer is lying vacant in the Agriculture Department. In course of his career, the petitioner was transferred as the Executive Engineer (Agriculture), North Cachar Hills Division, where he served between 4/1/2006 to 31/10/2008 and it is projected that during his tenure although he was the 'Head of Office', but the assigned duty of the petitioner was only to prepare schemes, presentation of Annual Operational Plan, supervision of execution of various schemes and it is categorically asserted that the petitioner was not empowered as "Drawing and Disbursing Officer (hereinafter referred to as 'DDO' for short).

(3.) It is projected that the Government had constitute a Commission under Justice (Retd.) R.K. Manisana Singh to make an enquiry in respect of alleged misappropriation of Government funds in North Cachar Hills District (hereinafter referred to as 'NC Hills District' for short). The said Commission had submitted its report on 18/12/2008 to the Government. Pursuant to the said report, on 18/7/2009, an Expert Committee was constituted by the Government. The said Expert Committee had submitted its report on 13/12/2010. It is projected that in so far as the Agriculture Department is concerned, the Expert Committee had found irregularity in respect of the District Agriculture and Horticulture Mission. As per the said report, the constitution of the said Mission was opined to be unauthorised and an unjustified decision. It is projected that as per the said Expert Committee's report submitted on 3/12/2010, expenditures and payments were made out of funds withdrawn from Bank account by the Mission Director, Agriculture and Horticulture, Haflong. It is specifically averred in the writ petition to the effect that the establishment of the Mission Director, Agriculture and Horticulture, Haflong is distinct and separate from the establishment of the Executive Engineer (Agriculture), Dima Hasao Division. It is also the pleaded case of the petitioner that there is no internal transaction between the said two separate establishments. It is also projected that no adverse comments were made either by the Justice (Retd.) R.K. Manisana Commissioner or by the Expert Committee in respect of any financial affairs of the establishment of the Executive Engineer (Agriculture), Dima Hasao Division, Haflong during the tenure of the petitioner. It is also projected that the Special Audit by the State had allegedly detected large scale financial irregularities in various departments in North Cachar Hills District period from 2007-2008 to 2009-2010. Bereft of unnecessary details, it would be sufficient to mention that by a letter dtd. 3/3/2011, the Commissioner and Secretary to the Government of Assam, Political (A) Department had directed, amongst others, the Principal Secretary to the Government of Assam, Agriculture Department to lodge FIR in respect of financial irregularities of their respective departments at the CID Head Quarters so that CID can commence investigation and in addition, direction was also issued to take departmental action against the departmental officers. Thereafter, vide letter dtd. 19/5/2011 by the respondent no. 3 to the Additional Director of Agriculture, Haflong to lodge an FIR, purportedly against one Md. S.A. Alim, retired District Agriculture Officer, Haflong and the then Mission Director, Agriculture and Horticulture, Haflong for involvement in financial irregularities in Agriculture and Horticulture Department to the tune of Rs.20.00 crore as pointed in the Special Audit Report conducted by the A.G. (Audit), Assam and as directed by the Government urgently, i.e. on or before 25/5/2011 and to report. Accordingly, on 26/5/2011, the then Director of Agriculture, Dima Hasao, Haflong had lodged an FIR with the Additional Director General of Police, CID, Assam against three defaulting officers during the period 2007-09 to 2009- 10, viz., (1) Md. S.A. Alim, the then DAO, and Mission Director, Agriculture, Haflong, (2) Deepak Hazarika, the then i/c Executive Engineer (Agri), Haflong, and (3) Ajit Chengung, the then DDA (Horticulture), Haflong. The said FIR dtd. 26/5/2011 was registered as CID PS Case No. 38/2011 under Ss. 13(1)(c)(d)/12 of Prevention of Corruption Act, 1988. Thereafter, vide notification dtd. 8/8/2012, the Principal Secretary to the Government of Assam, Home and Political Department accorded consent of the Government of Assam for extension of powers and jurisdiction of the members of Delhi Special Police Establishment (hereinafter referred to as 'DSPE' for short) in the whole of the State of Assam for investigation of the said CID PS Case No. 38/2011. By a subsequent notification dtd. 9/8/2012, the Principal Secretary to the Government of Assam, Home and Political Department forwarded the herein before referred notification dtd. 8/8/2012 to the Secretary to the Government of India, Ministry of Personnel, Pubic Grievances and Pension, Department of Personnel and Training regarding the consent given by the State for investigation of the case by the Central Bureau of Investigation (hereinafter referred to as 'CBI' for short). This was followed by a notification dtd. 17/9/2012, issued by the Secretary to the Government of India, Ministry of Personnel, Pubic Grievances and Pension, Department of Personnel and Training regarding extending of powers and jurisdiction of the DSPE in the whole of the State of Assam for investigation of the said CID PS Case No. 38/2011. The CBI took over the investigation of the said case on 19/9/2012.