Submit affidavit on actions taken against impleaded EE: Court directs Nagaland govt

Morung Express News
Dimapur | February 3

The Kohima Bench of the Gauhati High Court has directed the Government of Nagaland to file an affidavit pertaining to the actions taken against the former Executive Engineer (EE), R&B, Phek Division, who was impleaded for allegedly issuing a ‘false completion certificate’ for an incomplete road project.

During the hearing of a Public Interest Litigation (PIL) pertaining to three road projects in Meluri sub-division on February 3, the Chief Engineer, Nagaland PWD (R&B) had submitted that it had issued a show cause notice to the EE on March 20, 2014 and the EE made his reply on March 24, 2014.

However, the Chief Engineer also submitted that “the competent authority to take action against the respondent No. 11 is the Government and not the Chief Engineer, PWD (R&B).”

Considering the submission of the Chief Engineer, PWD (R&B), a Bench comprising Justices LS Jamir and Kakheto Sema observed that documents pertaining to what steps the Government has take against the EE have not been produced before the Court.

“Only a letter dated January 31, 2023 is produced before us written by the Chief Engineer, PWD (R&B), addressed to the Commissioner & Secretary to the Government of Nagaland (Works & Housing), Nagaland, Kohima, for taking necessary action in terms of the Show Cause notice and the reply made by the respondent No. 11,” the bench observed.

Directing the Commissioner & Secretary to the Government of Nagaland (Works & Housing) to file an affidavit indicating what steps have been taken after receipt of the letter dated January 31, 2023 written by the Chief Engineer, PWD (R&B), within a period of one week from Friday, the Court listed the matter again for February 22.

The personal appearance of Chief Engineer, PWD (R&B), is dispensed with for the time being, it added.

As per Court records, the PIL was filed on November 10, 2020 on grounds that the contractor for the three road projects which are a part of one stretch of road, had ‘fraudulently’ withdrawn money without completing the works, and in violation of the terms and conditions of the work orders.

Among others, the petitioners of the PIL had alleged that a completion certificate for the first project between Lephori to Molhe Post was issued by the EE in January 2014, though the work was not completed.



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