Page No.# 1/4 GAHC010251852018 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7813/2018 JITEN KALITA S/O. LT. GOBINDA KALITA, R/O. BASISSTHAPUR BYE LANE NO.2, RASARAJ PATH, P.O. BELTOLA, P.S. HATIGAON, DIST. KAMRUP (M), ASSAM-781028. VERSUS THE STATE OF ASSAM AND 6 ORS. REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-06, ASSAM. 2:THE SECRETARY TO THE GOVT. OF ASSAM FISHERY DEPTT. DISPUR GUWAHATI-06. 3:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI-06. 4:THE DIRECTOR OF FISHERIES ASSAM MEEN BHAVAN GUWAHATI-16. 5:THE DIST. FISHERY DEVELOPMENT OFFICER NAGAON DISTRICT- NAGAON ASSAM-782002 Page No.# 2/4 6:THE EXECUTIVE ENGINEER DEPTT. OF FISHERIES ASSAM ASSAM MEEN BHAVAN GUWAHATI-16. 7:THE TREASURY OFFICER KAMRUP (M) DISTRICT TREASURY GUWAHATI-01 Advocate for the Petitioner : MR. N J GOGOI Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA ORDER Date : 22-04-2021 Heard Mr. N. J.Gogoi learned counsel for the petitioner. Also Heard Ms. K. Phukan, learned State Counsel for the respondent Nos 1,2,4 and 5. The Director of Fisheries, Government of Assam published an invitation of bid for work of up-gradation of J. B. Garh Fish Farm, Raha in the district of Nagaon under RIDF-XIX. The petitioner submitted his tender for the work Group-A and Group –D of the IFB whereafter the respondent Director of Fishery issued work orders for both the works vide order dated 1.1.2015 to the petitioner vide letter No. AF(S). 175/2013-14/26283 with an estimated cost of Rs. 1,43,64,000/- and vide letter No. AF(S). 175/2013-14/26293 with an estimated cost of Rs. 42,58,272/-. The petitioner completed the same and the respondent authority issued the completion certificate. The respondent authorities released the bills against the work completed by the petitioner by deducting the security deposit money @ 8% for both the work orders. The said security deposit amounted to Rs. 13,22,006/-. The petitioner filed this writ petition for an appropriate direction to release the security deposit amount of Rs. 13,22,066/- alongwith bank interest to the petitioner as against the aforesaid work. The respondent No. 4 filed affidavit in opposition wherein it was the stand taken that Page No.# 3/4 there were misappropriation of huge amount of money for which one of the officials of the department was put under suspension and a disciplinary proceeding had already been drawn. Due to the said misappropriation various enquiries were conducted and there were field inspection by various officials including higher officials from the Irrigation department, Assam. The said respondent No. 4 being not satisfied with the inspection and enquiry reports vide his letter dated 18.9.2019 wrote to the Chief Engineer, Irrigation department to depute a senior technical officer not below the rank of Additional Chief Engineer in order to make a joint enquiry alongwith a team under the Directorate of Fisheries. Vide order dated 9.3.2021 this court after considering the said stand of the respondent No. 4 Director of Fisheries made an observation which is extracted hereinbelow: “If we consider the report of the Superintending Engineer, Irrigation, one fact is clear at least, there were some works carried out by the petitioner and the other contractors. From the instruction it is also clear that one of the officials of the Fishery Department was suspended on the ground of misappropriation of fund in excess of Rs. 2 crores and the departmental proceeding was initiated against him. The petitioner has a right to know as regards to disbursal of the contractual bills and though the respondent department initiated enquiries one after another, there are no materials to show any imputation against the present petitioners. In view of the same, let this matter be listed after four weeks . Ms. Phukan shall take necessary instruction in respect of the follow up action by the respondents in view of the disagreement by the Chief Engineer for deputation of an Addl. Chief Engineer, as referred hereinabove.” Ms Phukan in terms of said order dated 9.3.2021 has received necessary instruction from the Joint Secretary to the Government of Assam, Fishery Department vide letter dated 19.4.2021 wherein as per the status report the Secretary, Govt. of Assam, Fishery Department has taken a specific stand as against the grievance raised by the petitioner in this writ petition which is extracted hereinbelow: “ As regards security deposit of other 3 (three) contractors cum writ petitioners in link cases mentioned above against their names, M/s Brahmaputra Associates , M/s Sadguru Engineers & Allied Services Pvt. Ltd and Ajay Jalan, it is submitted that in view of report of Technical Cell of the Directorate of Fisheries, Govt. Respondent has no objection to release the security and any other such deposits held under objection now.” In view of the stand taken by the respondent No. 1 and as consented by Ms. Phukan Page No.# 4/4 this writ petition stands disposed of thereby directing the respondent No 4, the Director of Fisheries to release the security deposit of the petitioner amounting Rs. 13,22,006/- as against the works referred hereinabove in respect of UP Gradation of J. B. Garh Fish Farm, Raha in the district of Nagaon under RIDF-XIX. The amount claimed by the petitioner shall be verified by the respondent No.4 and release the same within a period of 60(sixty) days from the date of receipt of a copy of this order . With the said observation and direction this writ petition stands disposed of. Instruction obtained by Ms Phukan vide letter dated 19.4.2021 from the Joint Secretary to the Govt. of Assam, Fishery Department is kept on record. JUDGE Comparing Assistant