Decided on September 13,2018

Mukul Kr Sharma S/O Lt Dumahee Ram Deva Sarma Appellant
STATE OF ASSAM And ANR Respondents


Nelson Sailo, J. - (1.) Three writ petitions are taken up together for hearing since the issues involved are similar and they are being disposed of by this common Judgment and order.
(2.) Heard Mr. A. R. Bhuyan, the learned counsel who appears for the writ petitioner in WP(C) No. 2340/2016 and WP(C) No. 7661/2016. Also heard Mr. C. Goswami, the learned counsel who appears for the petitioner in WP(C) NO. 886/2017. Dr. B. Ahmed, the learned Standing Counsel, Irrigation Department appears for all the respondents in the three writ petitions. WP(C) No. 2340/2016 and WP(C) No. 7661/2016 are filed by Shri Mukul Kumar Sarma. The case of the petitioner in WP(C) No. 2340/2016 may briefly be noted.
(3.) The petitioner was initially appointed as Assistant Engineer in Irrigation Department under the establishment of Mangaldoi Division and thereafter, he was transferred to various places including Dhansiri Project Weir Division, Bhairab Kunda Udalguri etc. While he was posted as Sub-Division Officer at Sipajhar Sub-Division, he was promoted to the post of Executive Engineer and transferred to Kaili Kalang Integrated Division at Nagaon. Subsequently, he was transferred to Mangaldoi Division and in the office of the Chief Engineer, Chandmari. Lastly, he was promoted as Superintending Engineer and posted in the Monitoring Cell of the Chief Engineer, Irrigation Department at Chandmari, Guwahati. While the petitioner was working as such sometime in the year ending 2007, the Irrigation Department released Rs. 61.0 Lakhs under the AIBP Scheme and Rs. 2 Crore 12 Lakhs for BSC Scheme. This Scheme was under the Administrative Control of the Executive Engineer, Mangaldoi Division (Irrigation) and Sri Amulya Kumar Pathak was holding the post. The petitioner was also working as Assistant Executive Engineer in the said Division during the relevant time. An allegation was leveled against the petitioner that he was involved in the misappropriation of Government fund during his tenure in the said Division. As a result one Mr. P.C. Bhattacharya, Additional District Magistrate, Darrang conducted an enquiry and prepared a report. In his report, he made categorical finding that the petitioner prepared a false bill to facilitate the contractor concerned to withdraw a certain amount by succumbing to the pressure of the then Executive Engineer Sri Nagen Saikia. Thus, it was reported that the petitioner alongwith the other officers were guilty of siphoning Government money. The report was communicated to the Chief Secretary by the Deputy Commissioner of Darang vide letter dated 18.09.2008.;

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