PIL 66/2009 BEFORE HON’BLE THE CHIEF JUSTICE (ACTG.) MR. A.K. GOEL HON’BLE MR. JUSTICE C.R. SARMA This Public Interest Litigation ( PIL ) was initially filed by a Non Governmenta l Organization called Shilpi Sainik Mohori Camp through its President alleging c orruption and irregularities in execution of schemes in Ghilamara Division, Publ ic Health Engineering Department. On 24.08.2009, this Court permitted the petiti oner to withdraw from the case, as prayed, but the PIL was continued as Suo Motu action. On 24.9.2009, a Committee was constituted by this Court to go into the allegati ons, which submitted its interim report, and, thereafter, final report dated 17. 3.2011. The Committee examined only three Schemes for scrutiny and found number of irregularities including diversion of plan funds to non-plan funds, abandonin g of the Schemes midway spending huge amount without due sanction and the expend iture being abnormally high. The finding of the Committee was summarized in the report as under:- Reference No.1: Altogether 45 schemes were sanctioned by the State Government. The schemes were commissioned on different dates. On the date of report, only 19 schemes are func tional and the remaining 26 schemes are defunct. Reference No.2: The total amount required for operation and maintenance of the existing scheme, as indicated by the Executive Engineer in his statement is around Rs.99.99 lacs per year. Reference No.3: The State Government allotted total amount of Rs.183.21 lacs for the purpose of operation and maintenance from the year 2000-2001 to 2009-2010. Reference No.4: Total amount of money diverted from Plan to Non-plan head during the period 2000 -2001 to 2009-2010 in respect of three schemes under scrutiny is Rs.20.70 lacs. Reference No.6: None of the schemes were executed after obtaining feasibility report from the Ce ntral Board of Ground Water. Reference No.5 & 7: Anomalies and irregularities in respect of excess amount incurred and purchase o f materials have been given in details during the course of discussion in refere nce No.5 & 7. By the order dated 2.5.2011, the Chief Secretary to the Government of Assam was directed to personally look into the report dated 17.3.2011 and suggest steps to be taken to bring the culprits to book and to prevent such irregularities in fu ture. In pursuance thereof, affidavit dated 23.10.2011 has been filed by the Chi ef Secretary stating that the Superintending Engineer, Public Health Engineering , North Lakhimpur was asked to examine the report and identify lapses and irregu larities, 12 Executive Engineers have been served with the show cause notices, S ecretary of the Finance Department has been asked to issue show cause notice on 10 Accounts Officers for the irregularities, and guidelines have been issued to prevent any such irregularities in future. We have heard learned Amicus Curiae and learned counsel for the State. In view of the fact that appropriate follow up action in the form of show cause notices to Executive Engineers and the Accounts Officers has been taken, and dir ections have been issued to ensure that irregularities are not committed in futu re, no further order is necessary except to direct that the proceedings on the s how cause notices be completed expeditiously, as far as possible within six mont hs from the date of receipt of a copy of this order. We also make it clear that the appropriate authorities will be at liberty whethe r it was necessary to initiate criminal proceedings if it is found that any offe nces have been committed. Decision, in this regard, may be taken within two mont hs from the date of receipt of a copy of this order. We further make it clear that this order will not be a bar for the authorities t o make enquiry in response to other projects of this Division and other Division s. This PIL stands disposed of.