N. PURKAYASTHA AND ANR. Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) THIS order shall dispose of two appeals No. 3 of 1951 and No. 12 of 1951. These appeals arise out of two money suits No. 83 B of 1946 and Suit No. 82 B of 1946 respectively. These suits were consolidated. The evidence was recorded in suit No. 82 B of 1946. N. Purkayastha was the plaintiff in suit No. 83B of 1946. His claim amounted to Rs. 74,546/ -. It was composed of three items which are as follows:

(2.) IN the year 1943 during the last Great War, it was found necessary to construct a new Telegraph line by the side of the one which already existed connecting Lumding with Manipur Road Station of the Assam Railway. The construction of the line was treated as an emergent measure. The Divisional Engineer, Telegraphs, Shillong invited tenders for Jungle clearance between Lumding and Manipur Road station. Plaintiffs submitted their tenders on 5 -8 -1943. They were asked to commence work on 10 -8 -1943, with the direction to contact Lt. R. I. Kelly, the Construction Officer at site for directions as to the work to be done and its extent. Plaintiff in Suit No. 82 had to begin his work from Dimapur end and Purkayastha, plaintiff in Suit No. 83 had to begin from the Lumding end.

(3.) THE suits were resisted on several grounds. The liability was completely denied. It was pleaded that the Divisional Engineer, Telegraph, Shillong who was in charge of the construction of the line in question had acted in defiance of orders from superior authority. Acceptance of the two tenders from the plaintiffs was beyond his competence. It was also without the knowledge, approval or consent of his departmental heads. Collusion between the plaintiffs on the one side and the Divisional Engineer, Telegraphs, Major Sen Gupta and Lt. Ghosh on the other to defraud the Government on a vast scale was alleged.