Gauhati High Court orders setting up of panel to probe BTC bills

Petition for bill payment by contactor boomerangs

STAFF REPORTER

GUWAHATI: An otherwise routine Writ Petition filed in the Gauhati High Court by a contractor based in the Bodoland Territorial Council (BTC) area, seeking a directive for release of pending bills against supply of mosquito nets, has virtually opened a Pandora's Box. Instead of issuing any directive for payment of the pending bills, the High Court has directed that a committee be formed to examine not only the bills pertaining to the petitioner, but also all other cases where the demand for paying of so-called pending bills for works done or supplies made in the BTC is Rs 10 lakh and above.

Taking into account a suggestion made by the Advocate General of Assam, the High Court has laid down that the committee will comprise the Principal Secretary of the Finance Department as Chairman, the Principal Secretary of the Bodoland Territorial Region (BTR) as Member-Secretary and the Commissioner & Secretary of the Home & Political Department and the Commissioner & Secretary of the Welfare of Plains Tribes & Backward Classes (WPT & BC) Department as members.

The petitioner, one Manaranjan Brahma, had submitted that a directive be passed to the authorities for payment of balance contractual

bills for supply of mosquito nets in the BTC area. The court was informed that the total bill was Rs 31.50 crore, out of which Rs 13 crore had been paid by the BTC authorities.

The court, however, observed: "It is a matter of astonishment that the said bill have been raised for works of supply of mosquito nets in three Development Blocks namely, Dotoma Development Block where the quantity supplied has been said to be one lakh (units), Kokrajhar

Development Block (where the) quantity supplied (is) two lakh (units) and Kochugaon Development Block (where the) quantity supplied (is) one lakh and fifty thousand (units). The aforesaid communications which are dated 8.11.2017 issued by the Additional Director-cum-Council Head of Department, WPT and BC Department to the petitioner, however, does not mention any rate."

Further, the court stated: "RK Musahary, learned Standing Counsel, BTC has placed before this Court an order dated 15.11.2021 whereby to deal with matters of non-payment of bills to contractors for works done/supply made, a Committee has been formed in terms of the Full Bench Judgment of this Court in the case of Tamsher Ali and ors. Vs State of Assam … Though there is an easy course for this Court to refer the matter to the said Committee, the amount involved in this case raises grave doubt and suspicions, more so, when the amount involved is public money paid by the taxpayers. It is not at all fathomable to accept that for supply of mosquito nets in three blocks, the price can be Rs 31,50,00,000. In that view of the matter, this Court had requested the learned Advocate General, Assam, D Saikia for assistance. The learned AG, Assam has fairly submitted the issue involved is a serious one which may require some enquiry by the competent authority. This Court is also of the opinion that public money cannot be allowed to be siphoned off in the manner which prima facie appears from the facts and circumstances of the present case."

The court directed that in order to facilitate the work of the enquiry committee, the Principal Secretary of the BTC will have to ensure that all bill claims of Rs 10 lakh and more are routed through the committee and consequential steps are to be taken only after submission of the committee's report.

Further, the committee has been directed to endeavour to complete the enquiry expeditiously and submit it in the Registry of the High Court in a sealed cover, preferably within a period of two months.

Also Read:  Bodoland Territorial Council signs MoU with Azim Premji University

Also Watch: