MC 568/2009 BEFORE THE HON’BLE MR. JUSTICE RANJAN GOGOI This miscellaneous case has been filed for review of the part order date d 28.11.2008 passed in Contempt Case No.207 of 2008 by which the Accountant Gene ral was directed to take prompt steps pursuant to the sanction dated 27.11.2008 communicated by the Under Secretary to the Government of Assam, Education (Highe r) Department. The ground for review is that the Accountant General is not the a uthority for sanction or disbursement of the amount covered by the aforesaid com munication dated 27.11.2008 as the incumbents covered by the said orders are emp loyees of provincialised Colleges. It is the further submission of Shri D. Barua h, learned counsel appearing for the Accountant General that it is the Director of Pensions, Government of Assam who is the competent authority. The instructions received by the learned Standing Counsel, Education Dep artment from the Principal Secretary to the Government of Assam, Higher Educatio n Department dated 15th June, 2009 has been placed before the Court. The instruc tions are to the effect that the sanction dated 27.11.1998 was addressed to the Accountant General as per the prescribed format though no orders are required fr om the Accountant General for drawal of the amount sanctioned. In the said instr uctions, it is mentioned that the respective drawing and disbursing officers are competent to draw the amount from the Treasury on the basis of the sanction iss ued by the Government addressed to the Accountant General. It is further stated that the sanction issued on 27.11.2008 was modified on 24.3.2009 making the Prin cipals of the respective Colleges as the drawing and disbursing officers. Moreov er, in the said instruction, it is also mentioned that fresh sanction in case of five members covered by the earlier sanction order dated 27.11.2008 has been is sued by the order dated 28.5.2009 and the other three persons for whom sanction was issued on 27.11.2008 as modified on 24.3.2009 have already received their p ayments from the Treasury. The Principal Secretary, Higher Education Department has further informed the learned Standing Counsel that the ceiling has been obta ined from the authority upto 30.6.2009 and the concerned DDOs will now be able t o draw the amounts from the respective Treasury and make payment to the persons entitled. In the aforesaid circumstances, while directing the concerned DDOs (Prin cipals of the respective Colleges) to act accordingly i.e. to draw the amount sa nctioned from the concerned Treasury and make payment to the persons entitled, t he directions contained in the Court’s order dated 28.11.2008 in so far it relat es to the Accountant General is concerned is recalled. Miscellaneous case is, accordingly, disposed of. The instructions received from the Principal Secretary, Government of As sam, Education (Higher) Department, referred to above, as placed before the Cour t, is kept on record.