Page No.# 1/4 GAHC010174782024 2025:GAU-AS:3446- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : PIL/53/2024 AMGURI NABA NIRMAN SAMITY HAVING ITS OFFICE AT AMGURI NAGAR, WARD NO. 4, P.O. AND P.S.- AMGURI, PIN- 785680, SIVASAGAR, ASSAM. REPRESENTED BY ITS PRESIDENT SRI DIGANTA SAIKIA, AGED ABOUT- 44 YEARS, S/O- SRI AMBESWAR SAIKIA, R/O- AMGURI NAGAR, WARD NO. 4, P.O.- AMGURI, P.S.- AMGURI, DIST.- SIVASAGAR, ASSAM, PIN- 785680. VERSUS THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, DEPTT. OF TEA TRIBES WELFARE, ASSAM SECRETARIAT, DISPUR, GUWAHATI-6. 2:THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM ASSAM SECRETARIAT DISPUR GUWAHATI-06. 3:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM DEPTT. OF TEA TRIBES WELFARE ASSAM SECRETARIAT DISPUR GUWAHATI-06. 4:THE DIRECTOR Page No.# 2/4 DIRECTORATE OF WELFARE OF TEA AND EX-TEA GARDEN TRIBES RUPNAGAR GUWAHATI-32. 5:THE SUPERINTENDENT OF POLICE CHIEF MINISTERS SPECIAL VIGILANCE CELL ASSAM GUWAHATI-01. 6:THE SUPERINTENDENT OF POLICE CRIMINAL INVESTIGATION DEPARTMENT ASSAM SOUTH SARANIA ULUBARI GUWAHATI- 07. 7:THE PRINCIPAL ACCOUNTANT GENERAL ( AUDIT) OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (AUDIT) ASSAM MAIDAMGAON BELTOLA GUWAHATI-29 Advocate for the Petitioner : MR. P BORDOLOI, MS M NIROLA Advocate for the Respondent : GA, ASSAM, SC, AG BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 26.03.2025 (Vijay Bishnoi, CJ) Heard Mr. P. Bordoloi, learned counsel for the petitioner. Also heard Mr. D. K. Sarmah, learned Addl. Senior Government Advocate, appearing on behalf of respondents No. 1 to 6; and Mr. R. K. Talukdar, learned counsel appearing on behalf of respondent No. 7. Page No.# 3/4 This PIL petition has been filed by the petitioner, essentially, with a prayer to direct the respondent authorities to initiate inquiry in the matter of huge financial embezzlement during the course of implementation of various schemes under the Directorate of Welfare of Tea and Ex-Tea Garden Tribes, Assam, for the period from November, 2011, upto February, 2018. It appears that the petitioner, herein, has on an earlier occasion also, approached this Court by way of instituting a PIL petition being PIL 58/2021, praying for similar relief and this Court had disposed of the said PIL petition, vide order, dated 20.09.2021, directing the respondent authorities, more particularly, the Chief Secretary to the Government of Assam, to consider the representations submitted by the petitioner on the basis of the materials so submitted and to dispose of the same in accordance with law after giving an opportunity of hearing to the petitioner by passing a speaking order by causing an inquiry as directed therein and take necessary preventive, remedial and punitive actions wherever necessary. This Court had also issued a direction to the respondent authorities to constitute a Committee for examining the complaints filed by the petitioner. This Court while disposing of the said PIL petition, vide order, dated 20.09.2021, had kept it open for the petitioner to approach this Court again if he is aggrieved by any action or non-action on the part of the respondent authorities. Pursuant to the said liberty; the petitioner, herein, has again preferred this PIL petition complaining that the earlier order passed by this Court in PIL Page No.# 4/4 58/2021, has not been complied with. During the course of argument, Mr. Bordoloi, learned counsel for the petitioner, has frankly admitted that the complaint filed on behalf of the petitioner is regarding a criminal act of certain persons involved in embezzlement of huge public money while implementing various schemes of the State as well as the Central Government. Mr. Bordoloi, learned counsel, has further submitted that the petitioner has an alternative remedy to approach the criminal Court along with the relevant materials for taking action against the guilty persons. At this stage, Mr. Bordoloi, learned counsel, has prayed that the petitioner, herein, be permitted to withdraw this PIL petition with liberty granted through its representative to take appropriate action before the competent Court for initiating action against the guilty persons under the provisions of the Prevention of Corruption Act, 1988, as well as under the provisions of Bharatiya Nagarik Suraksha Sanhita, 2023/Code of Criminal Procedure, 1973. In view of the above, the instant PIL petition stands disposed of on withdrawal with liberty granted to the petitioner, as sought for. JUDGE CHIEF JUSTICE Comparing Assistant