Auditor General Will Decide: Gauhati High Court Disposes PIL Alleging Corruption, Misappropriation Of Funds In Assam Sarva Shiksha Abhiyan

The Gauhati High Court recently disposed of a PIL which prayed for high level enquiry alleging corruption and misappropriation of government funds allotted under the Assam Sarba Siksha Abhiyan Mission, by observing that the Principal Auditor General (Audit), Assam shall decide the concerned Audit Objections expeditiously.

The division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam was hearing a PIL with a prayer to issue a mandamus to the Union of India and other state respondents to cause a high level enquiry to find out the corrupt officials of the Assam Sarba Siksha Abhiyan Mission.

The petitioner had relied upon the audit reports of the Accountant General to substantiate his claim. It was alleged that in respect of the said irregularities petitioner has already filed complaints on August 30, 2019 and February 02, 2021, however, the respondent authorities have not taken any action against the erring officials.

The respondents filed counter affidavits in which it was emphasised that the Principal Auditor General is seized of the matter and out of the 43 Audit Objections, 23 Audit Objections have already been dropped after getting satisfactory clarification or reply from the concerned authority.

It was further stated by the respondents that in respect of the remaining Audit Objections, replies or clarifications have already been sought and after considering such replies or clarifications, those Audit Objections would be dealt with and, in case any irregularities are found on the part of the officials concerned, recommendations for taking appropriate action against such officials will be sent to the concerned department.

The Court disposed of the PIL with following observations:

“Taking into consideration the above facts and circumstances of the case and, more particularly, the statement of the respondents in the affidavit-in-opposition that the Principal Auditor General (Audit), Assam, is seized of the matter of the alleged financial irregularities, we deem it appropriate to dispose of the writ petition with the hope and trust that the Principal Auditor General (Audit), Assam shall decide those Audit Objections expeditiously, in accordance with law, and if any government official is found involved in the misappropriation of government funds made available under the Assam Sarba Siksha Abhiyan Mission, appropriate recommendations for taking action against such officials will be sent to the State Government.”

Citation: 2024 LiveLaw (Gau) 37

Case Title: Amguri Naba Nirman Samity v. The Union of India & 3 Ors.

Case No.: PIL/23/2021

Click Here To Read/Download Order