Gives Nagaland Govt 1 week time to respond
KOHIMA, JUNE 17 (MExN): The Kohima Bench of the Gauhati High Court has given the Nagaland Government one week’s time to file an affidavit indicating what steps it had taken against the Executive Engineer (R&B), Phek division for issuing Completion Certificate of a road in Phek district on January 21, 2014 despite the road being in a state of incompletion.
The PIL on this case was heard before a bench comprising of Justice LS Jamir and Justice Robin Phukan where the petitioners’ counsel showed that the Executive Engineer who issued the Completion Certificate had said that the contractor (M/S Rhino Construction and Agency) had “completed the said work on stipulated time.” The official further remarked the quality of work, financial soundness of the contractor, technical proficiency and resourcefulness as “good;” while adding that the contractor’s general behavior was also “very good.”
It was further brought to notice that the Kamaleah Area Public Organization had written to the Chief Engineer (R&B), PWD on November 25, 2019 indicating that the contractor has assured the organization that the incomplete work would be completed at the earliest.
“A comparison of the Completion Certificate dated 21.01.2014 as well as the letter dated 25.11.2019 clearly demonstrates that the Completion Certificate issued by the Executive Engineer (R&B) PWD, was made without completion of the work and the respondent No 7 had been permitted to withdraw a total amount of Rs 26.54 Cr,” the order observed.
Sr Additional AG, TB Jamir meanwhile drew attention of the Court to a show-cause notice issued by the Chief Engineer, PWD (R&B), Nagaland, Kohima to the Executive Engineer, PWD (R&B), Phek Division, Phek for issuing Completion Certificate before completion of the work.
The court however said that “learned Sr. Addl. AG is unable to apprise this Court as to what further steps has been taken by the official respondents against the Executive Engineer (R&B), Phek Division, Phek.”
It therefore directed the Commissioner and Secretary, Department of Work and Housing and the Chief Engineer (PWD) to file an affidavit within a period of one week from June 15 indicating the steps taken by them against the Executive Engineer (R&B), Phek Division, Phek, in view of the show-cause notice.
“After considering the affidavit filed by respondent Nos 3 & 4, this Court shall consider whether the impleadment of the Executive Enginee, PWD (R&B), Phek Division in his personal capacity will be necessary or not,” the order stated. It further listed the matter for June 24.
