SANTANU NAG CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This application is with regard to the prayer for stay of the order of suspension dated 16.12.94 issued by the Principal Secretary, Karbi Anglong Autonomous District Council (KAADC) Diphu. The order of suspension is Annexure-12 to the write application which is quoted below :

(2.) Thereafter on 21.7.94 by another notification the services of 11 officers including that of the petitioner were placed at the disposal of the Karbi Anglong Autonomous District Council with immediate effect There is dispute as to whether the entrustment of the department'made to the District Council was completed or not. The Principal Secretary of the District Council on 11.10.94 wrote that all formalities of entrustment have already have completed. But no fund was released and requested the Govt to release the fund. On 5.8.94 the Principal Secretary of Karbi Anglong District Council wrote a letter to the Deputy Commissioner, Karbi Anglong, Sub-Divisional Officer, Bokajan, Hamren and the Treasury Officer, Diphu/Hamren that bills/cheques from the departments entrusted to the District Council should not be entertained for payment by the Treasury concerned as these departments are already entrusted to the District Council and the District Council only is responsible for payment etc. On' 18.8.94 the Superintending Engineer, Diphu Flood Control Circle wrote a letter to the Secretary to the Govt of Assam, Flood Control Department, Guwahati-3 wherein he stated that the directions-issued by the District Council is not legal and that mattercreated complicacy in managing the affairs of the departments. This is Annexure-3 to the writ application. On 5.9.94 the Deputy Secretary to the Govt of Assam, Flood Control Department wrote to the Principal Secretary, District Council, inter alia, as follows :

(3.) On 9.9.94 the Deputy Commissioner, Karbi Anglong, Diphu sent the following telegram to the Finance Secretary, Assam which is quoted below :