Page No.# 1/5 GAHC010091162024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : PIL/28/2024 KHANIN DEKA AND ANR SON OF LATE JOGENDRA NATH DEKA, G.S. ROAD, 47 SAPTA SWAHID PATH, POST OFFICE- ASSAM SACHIVALAYA, DISTRICT- KAMRUP(METROPOLITAN), GUWAHATI- 781006, ASSAM. 2: KABUL SAIKIA SON OF LATE BHAIRAB SAIKIA RESIDENT OF HOUSE NO. 4 1ST FLOOR SAMANNAY PATH SURVEY GUWAHATI- 781028 KAMRUP(METRO) ASSAM VERSUS THE STATE OF ASSAM AND 11 ORS REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF ASSAM, DISPUR, GUWAHATI- 781006, ASSAM. 2:THE SECRETARY GOVERNMENT OF ASSAM HOME AND POLITICAL (VIGILANCE) DEPARTMENT DISPUR GUWAHATI- 781006 ASSAM. Page No.# 2/5 3:CHANDAN SARMA THE SPECIAL COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT. OF ASSAM PUBLIC WORKS (ROADS) DEPARTMENT DISPUR GUWAHATI- 781006. 4:THE SPECIAL COMMISSIONER AND SPECIAL SECRETARY GOVT. OF ASSAM PUBLIC WORKS(BLDG AND NH) DEPTT. DISPUR GUWAHATI- 781006. 5:THE SECRETARY GOVT. OF ASSAM PUBLIC WORKS DEPARTMENT DISPUR GUWAHATI- 781006 ASSAM. 6:THE SECRETARY GOVT. OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI- 781006. 7:THE PRINCIPAL DIRECTOR INVESTIGAION (NER) INCOME TAX DEPARTMENT 4TH FLOOR AAYKAR BHAWAN G.S. ROAD GUWAHATI- 781005 ASSAM. 8:THE ADDITIONAL DIRECTOR GENERAL OF POLICE VIGILANCE AND ANTI-CORRUPTION DEPTT. ASSAM SRIMANTAPUR GUWAHATI- 781032. 9:THE SUPERINTENDENT OF POLICE VIGILANCE AND ANTI-CORRUPTION DEPARTMENT GOVT. OF ASSAM SRIMANTAPUR Page No.# 3/5 GUWAHATI- 781032. 10:RAFIQUL HASSAN CHOUDHURY ENQUIRY OFFICER OF REGULAR ENQUIRY NO. 78(12)2017 AND DEPUTY SUPERINTENDENT OF POLICE VIGILANCE AND ANTI-CORRUPTION DEPARTMENT GOVERNMENT OF ASSAM SRIMANTAPUR GUWAHATI- 781032. 11:THE DEPUTY SECRETRAY GOVERNMENT OF ASSAM HOME AND POLITICAL DEPARTMENT DISPUR GUWAHATI- 781006 ASSAM. 12:DEBAJIT DAS SON OF LATE DHARANI DHAR DAS RESIDENT OF HOUSE NO. 1 ELORA PATH BYE LANE OF AJANTA PATH SURVEY BELTOLA GUWAHATI- 781028 For petitioner/appellant(s) : Mr. D.K. Das, Advocate Mr. H. Betala, Advocate Mr. C. Kumar, Advocate Mr. M. Khataniar, Advocate For respondent(s) : Mr. S. Baruah, G.A., Assam Mr. P. Nayak, SC, PWD Mr. K. Jain, Advocate on behalf of Mr. S.C. Keyal, SC, Income Tax Page No.# 4/5 – BEFORE – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE KARDAK ETE 14.05.2025 (Vijay Bishnoi, CJ) This petition is filed by the petitioners with the following prayers:- “In the premises aforesaid, it is most respectfully prayed that your Lordships may be pleased to admit this application by calling for the records, to show cause as to why and issue a Rule calling upon the respondents to show cause as to why: A writ in the nature of the Mandamus shall not be issued to direct the authorities in the Vigilance and Anti-Corruption Department/Income Tax Department pursue and complete the investigations in regular Enquiry RE 78(12) 2017 for a free and fair investigation or form a Special Investigation Team appointed by the State Government to cause an inquiry and file an independent report. In the interim be pleased to direct the Superintendent of Police, Vigilance & Anti-Corruption Department Assam to furnish a status report on Regular Enquiry no: RE 78(12) 2017 before this Hon’ble Court for constant monitoring of the investigation by the Vigilance and Anti Corruption Department and Income Tax Authorities.” This Court, vide order dated 22.05.2024, has expressed its prima facie opinion that this writ petition in the form of PIL is not maintainable, because essentially the petitioners have raised grievance with regard to the promotion of the respondent No.12 on the post of Chief Engineer, PWD. On that date, learned counsel for the petitioners claimed that the petitioners are not aggrieved by the promotion of the respondent No.12 on the post of Chief Engineer, however, this Court has observed that from the averment made in the writ petition it appears that essentially the grievance raised in this PIL is regarding promotion of the respondent No.12 on the post of Chief Engineer. This Court granted time to the learned counsel for the petitioners to satisfy this Court on the maintainability of the PIL. On 09.12.2024, the Coordinate Bench of this Court directed the Additional Senior Page No.# 5/5 Government Advocate to inform the Court about the status of the regular enquiry pending against the respondent No.12 in respect of certain charges. Again, on 07.02.2025 this Court granted last opportunity to the counsel for the petitioners to convince the Court regarding the maintainability of the PIL petition while observing that in the prima facie opinion of the Court, the grievance raised by the petitioners in this PIL petition is essentially with regard to the promotion of the respondent No.12 on the post of Chief Engineer, PWD. The Additional Senior Government Advocate, Assam has produced a communication dated 22.01.2025 issued by the Office of the Directorate of Vigilance and Anti Corruption, Assam, wherein it is mentioned that in the regular enquiry initiated against the respondent No.12, a final enquiry report was sent to the Government for closure of the enquiry. However, the Government has asked the Directorate for further enquiry into the matter and, accordingly, follow up action are being taken in the light of the instruction and the enquiry report will be submitted soon. At this stage, learned counsel for the petitioners has submitted that since regular enquiry is going on against the respondent No.12 as per the instruction issued by the Directorate of Vigilance and Anti Corruption, Assam, he is satisfied and is not willing to pursue this PIL petition further. In view of the above submission of the learned counsel for the petitioners, the PIL petition is closed. JUDGE CHIEF JUSTICE Comparing Assistant