The Gauhati High Court disposed of a Public Interest Litigation (PIL) filed seeking a direction to initiate an enquiry into the alleged misappropriation and mis-utilization of Government funds allotted to the Dibrugarh University; Assam Agricultural University, Jorhat; Tezpur University as well as the Gauhati University.
M. Bhattacharjee, Additional Senior Government Advocate, Assam submits that vide memo dated 21.02.2022, Government has accorded approval to initiate Preliminary Enquiry against the then Vice Chancellor of Assam Agriculture University, Jorhat, Assam and Ors. Pursuant to the approval accorded, a Government Preliminary Enquiry had been initiated at the Directorate.
The counsels are in agreement that in terms of the prayers made in the PIL, enquiry has been initiated. Accordingly, the counsel for the PIL petitioner submits that in view of the communication dated 09.03.2022 according approval by the competent authority to initiate preliminary enquiry and thereafter Government Preliminary Enquiry having been initiated, nothing survives in the PIL and, therefore, PIL may be closed.
Upon submissions of the counsels appearing for the parties and in view of the communication dated 09.03.2022 issued by the Directorate of Vigilance & Anti-Corruption, Assam, since Government preliminary enquiry has been initiated, the Division Bench of Chief Justice Sandeep Mehta and Justice Soumitra Saikia find that the Government has already taken necessary steps in terms of the prayers made in the PIL petition.
Accordingly, nothing further survives to be decided in this PIL. However, the High Court clarified the respondent Government will take all steps necessary to ensure that the preliminary enquiry should be concluded and taken to its logical conclusions at the earliest.