WP(C) 5215/2010 BEFORE HON’BLE MR JUSTICE U.B. SAHA The instant writ petition is filed by the petitioners, D.P. Printing Udy og Pvt. Co. Ltd for a direction to the Chief Secretary of the Government of Ass am for initiating a proceeding under Section 8 of the Assam Fiscal Responsibi lity and Budget Management Act, 2005 ( for short hereinafter referred to as ’Act ’ ) against the authority who issued the contractual works of printing of sch olarship forms etc. to one M/s Purbashree Printers, Guwahati vide communication dated 26.2.2010 ( Annexure-F to the writ petition) without going any tender pro cess and without obtaining proper sanction from the appropriate authority which is in violation of the provisions of Section 7(2) of the said Act. Heard Mr. S. Kataki, learned Counsel for the petitioners as well as Mr. M. Choudhury, learned senior Counsel assisted by Mr, A. Barkataki, learned Couns el for the respondent No. 2 and 3. Also heard Mrs V.L. Singh, learned Counsel ap pearing for the respondents 1 and 4. As agreed to by the learned Counsel for the parties, particularly on the submission of Mr. Choudhury, the instant writ petition is taken up for disposal at the motion stage. The brief facts needed to be discussed for disposal of the instant writ petition are as follows: The petitioners, D.P. Printing Udyog Pvt. Co. Ltd, are also doing the pr inting works and participating in the public tenders as and when invited by the State Govt. for printing their materials. The main allegation of the petitioners is that the Director, Printing and Stationery while expressed inability to take the printing works as mentioned in the writ petition, the same was provided to one M/s Purbashree Printers without calling any tender. Not only that, the said Purbashree Printers was favoured by way providing the printing works, particul arly, the printing of scholarship forms without any sanction of the appropriat e authority. Hence, the action of the said authority violated the provisions of Section 7(2) of the Act and for violation of the said provisions; a punishment i s prescribed under the Statute. As the petitioners are also in the printing busi ness, due to the allotment of the aforesaid contractual works to M/s Purbashree Printers, the petitioners are highly aggrieved and sought for relief as stated supra by this writ petition. Mr. Kataki, learned Counsel for the petitioners in his short submission contended that by this time the works allotted has already been completed by th e said printing Firm, therefore, petitioners cannot now ask for providing the sa id works for them, but the petitioners want that the State authority should take necessary steps against the said authority who violated the Government norms an d provided the aforesaid works of printing to M/s Purbashree Printers. Mr. Choudhury, learned senior Counsel submits that there was no wrong co mmitted by the State respondents providing the printing works in question to M/ s Purbashree Printers as the Director, Printing and Stationery, Govt. of Assam h ad expressed inability for printing the scholarship forms within very short pe riod and also suggested the name of one M/s Purbashree Printers for doing the said works. However, he further submits that if the said authority violated t he provisions of the said Act while providing the work in question, then the Gov t is ready to go for an enquiry and punish the said officer in accordance with law. The learned Govt. Advocate Mrs. Singh has also echoed on the same line a s submitted by Mr. Choudhury. In view of the aforesaid submission of the learned Counsel for the part ies, this Court is of considered opinion that it would meet the justice if the Chief Secretary of the State is directed to look into the matter and to direct the Secretary, Finance, Govt. of Assam to enquire on the allegations of the p etitioners and take necessary actions against the said authority who made the al lotment of the aforesaid printing works to M/s Purbashree Printers if ultimately he was found that the said authority violated the provisions of the Act. Order ed accordingly. The entire exercise of enquiry should be completed within a period of t wo months from the date of receipt of this order along with a copy of the writ p etition. The petitioner is directed to furnish a copy of this order along with a copy of the writ petition to the Chief Secretary, Assam within a period of seven days from today. It is needless to say, as the petitioners have sought justice by this wr it petition, the concerned authority will provide him a copy of the enquiry repo rt for their satisfaction after completion of the enquiry. With the aforesaid observation and direction, the instant writ petition is disposed of. No order as to costs.