Assam: Gauhati High Court Notices on Fund Misappropriation

Staff Reporter

Guwahati: The Gauhati High Court recently directed issue of notices to the Superintendent of Police (SP) CM's Vigilance Cell and SP Criminal Investigation Department (CID) Assam in a public interest litigation.

The direction was issued by the bench of Chief Justice Vijay Bishnoi and Justice N Unni Krishnan Nair in PIL 53/2024 filed by Amguri Naba Nirman Samity.

In the PIL, the petitioner states that the central and state governments sanctioned funds to the tune of crores of rupees under various schemes to Directorate, Welfare of Tea and Ex-Tea Tribes, Government of Assam for the welfare of the tea-tribes community of Assam but there has been rampant corruption and misappropriation of the government funds in implementing various Schemes under the said Directorate.

The petitioner stated that money was misappropriated in various schemes including in the name of distribution of power-tillers, sewing machines, water filters, water pump-sets, providing lunch to the students, aids to venture educational institutions, providing vehicles to the unemployed youths at a subsidized price, distribution of financial aid to the venture educational institutions from CM's Special Relief Fund etc. under the patronage of political leaders, the then directors, officials and suppliers.

It was also submitted that all these misappropriations of huge government funds have been revealed in the reports of the Auditor of the Office of Accountant General (Audit), Assam.

That, the Office of the Principal Accountant General (Audit), Assam while auditing the accounts of the Director, Welfare of Tea and Ex-Tea Garden Tribes, Assam for the period from November 2011 to November 2012 prepared a report of inspection on the basis of the information furnished and records made available by the above Director. As per the said inspection report some of the major irregularities which were found are as follows- irregularities of Rs.57.95 lakh in implementation of scheme- Providing financial assistance, course fees to ANM/GNM/BSc Nursing and Para Medical Trainees; irregular disbursement of Pre Metric Scholarship for Rs.64.52 lakh; injudicious procurement of Rs.317.64 lakh; and irregularities in installation of electric meters in the individual quarters of tea garden workers.

Office of the Accountant General (Audit), Assam while auditing the accounts of the Director, Welfare of Tea and Ex-Tea Garden Tribes, Assam for the period from March 1, 2014 to August 31, 2015 found irregularities in disbursement of subsidy amount for purchase and distribution of Taxi-cab involving expenditure of Rs.5 crore.

An audit for the period from September 1, 2015 to January 31, 2017 revealed anomalies in payment of grants to schools to the tune of Rs.54.75 lakh, it was stated.

In this regard, the petitioner stated that on September 27, 2019,  a representation was submitted before the SP, Chief Minister's Special Vigilance Cell, Assam, praying for an investigation into the misappropriations of government funds and take legal actions against the government officials, the members of the Selection Committee, the public representatives and the suppliers involved in the corruptions but till date no action was seen to be taken in this regard.

The petitioner also stated that, after waiting for an outcome in more than one and half year for consideration of the aforestated representation dated September 27, 2019, the petitioner again submitted representations dated June 12, 2021 before the Chief Secretary, Government of Assam (Respondent No.2) and the SP, CID, Assam, praying for an investigation into the misappropriations of allotted funds.

However, the petitioner stated that till date, no action is seen to be taken against the officials or the persons who are connected with the embezzlement of the funds and neither of the aforesaid representations have been disposed of by the respondents concerned.

The petitioner, therefore, filed the PIL and prayed before the HC to direct the respondent authorities to initiate an inquiry in the matter of huge financial embezzlement under the above Directorate and to identify the government officials and other persons involved in such misappropriation and thereafter launch appropriate proceeding for their punishment and also for recovery of the misappropriated funds from them.

The bench, therefore, directed that notices returnable within 10 weeks should be issued to SP, CM's Vigilance Cell (respondent no.5) and SP Criminal Investigation Department (CID) Assam (respondent no.6).

 Also Read: Strict action on fund misappropriation: Himanta Biswa Sarma (sentinelassam.com)

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