HITEN KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Phukan learned counsel appearing for the writ petitioner in both these writ petitions. Also heard Mr. P. Nayak, learned Standing Counsel, PWD, Assam appearing for the respondent Nos.1, 2, 3 and 4. Mr. D. Borah, learned Government Advocate, Assam has appeared for the respondent Nos.5 and 6.

(2.) Both these writ petitions filed by the same petitioner arise out of more or less common factual background and are interconnected with each other. Therefore, I propose to dispose of these writ petitions by this common judgment and order.

(3.) The writ petitioner herein is serving as an Executive Engineer under the Public Works Department (PWD), Assam. Presently he is posted in the Nagaon Division of the PWD. Aggrieved by denial of promotion to the post of Superintending Engineer and also the 'sealed cover' proceeding adopted by the Selection Committee, the petitioner has approached this Court by filing the instant writ petition. The petitioner's case, in a nutshell, is that while working as Executive Engineer, PWD, Nagoan, he was supervising the additional work of 'Improvement of Nehrubali Ground including walking and Cycle Track and Development of Lakhi Prasad Goswami Open Stage at Nagaon'. Although the Public Works Department was the nodal agency for execution of the work, the project was under the Department of Housing and Urban Affairs. The City Level CIDF Implementation and Monitoring Committee (CCIMC) was monitoring the work. However, after execution of the work the Housing and Urban Affairs Department had come up with an allegation that the petitioner had prepared the estimate of the work without obtaining approval of the administrative department. Consequently, a preliminary enquiry was conducted by the department of Housing and Urban Affairs whereafter, the Additional Chief Secretary of the concerned department had made a recommendation that the petitioner should not be promoted to the post of Superintending Engineer. Taking note of the objection raised by the department of Housing and Urban Affairs the Special Commissioner and Secretary, Public Works (Roads) Department, Dispur had served a show cause notice dtd. 6/4/2022 calling upon the petitioner to submit his response with regard to the allegations leveled against him. The allegations leveled against the petitioner is apparent from the Statement of Allegations which is reproduced herein below for ready reference :-