DHARANI DHAR BHUYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioners in AB Nos. 3212, 3239. 3281, 3319, 3320 and 3321 are the Executive Engineer, Assistant Executive Engineer and Junior engineers in the department of Irrigation, Assam. Petitioners in AB No.3265 of 2013 are the contractors and they were allotted work of a construction of Suez Gate and downstream canal at Nadihagurah, Ulttaikhanda in Barpeta, district Assam under 'Flow Irrigation Scheme'. The estimated cost of the project is Rs. 8 crores. The work was divided to the two contractors. The petitioner, Apurba Kumar Choudhury was to execute the work of Spill Ware with ancillary works for an amount of Rs.4 crores 1 lakh and 42 thousand and the petitioner Sri Nurul Islam was to execute work of Guide Bund, protection works, canal system, approach road etc. for an amount of Rs.3 crore 86 lakhs and 3 thousand and 2 hundred. Work orders were issued on 4.2.2011 and 7.2.2011 and major portion of the works have already been executed, except the approach road and minor finishing works. As informed to the court the contractors have been already paid more than Rs.3 crores. The petitioners are facing the charge of mis -appropriation of the fund and cheating the Government with conspiracy.

(2.) THE FIR has been lodged by a group of people representing a social organisation on 17.7.2013. The FIR has been registered as Patacharkuchi PS Case No. 285 of 2013 u/s 120(B)/420/409 IPC. Apprehending their arrest the aforesaid seven bail applications have been filed u/s 438 Cr.PC by the officers and contractors seeking the privilege of pre -arrest bail.

(3.) IT may be noted that the allegation of cracks in the Suez gate and ancillary works are not disputed by the petitioners. The I.O. has also attached as many as 15 numbers of photographs showing cracks in the 'Bund' and ancillary works as well as poor quality of construction works. Though the construction works began in first week of February, 2011 itself and though the officers of the department were regularly visiting the site no officer took any steps to ascertain scientifically as to whether the works were being executed strictly in accordance with the specifications. For the first time, the petitioner Sri Dharanidhar Bhuyan, Executive Engineer noticed the cracks at different places and submitted an initial report to the Superintendent Engineer vide his letter dated 2.7.2013. Not only that, the said Executive Engineer also requested the Deputy Secretary ( Budget) of Irrigation Department not to release further fund against the said scheme in view of various defects noticed in the work. Thereafter, the matter was brought to the notice of superior authority and also to the Government within a fortnight. The formal FIR was lodged by the NGO .