Mohinder Singh Yadav vs M.R.Sharma on 9 October, 2009

C.O.C.P.No.1380 of 2009 (O&M)                                           1

    IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
                HARYANA AT CHANDIGARH.


                                     Date of Decision:-9.10.2009


Mohinder Singh Yadav                                    ...Petitioner

                                      Versus

M.R.Sharma, Executive Engineer                         ...Respondent

CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR GARG

Present: Mr.Hemant Saini, Advocate for the petitioner.

Mr.Ashok Jindal, Additional Advocate General, Haryana.
Rakesh Kumar Garg, J. (Oral):

The grievance of the petitioner before this Court is that

despite direction dated 4.5.2009 issued by this Court in CWP

No.6722 of 2009, the respondents have failed to settle the claim of

the petitioner and release the amount found payable to him.

In response to the show cause notice issued by this

Court, short reply on behalf of the respondent by way of affidavit of

M.R.Sharma, Executive Engineer, Municipal Corporation, Gurgaon

has been filed wherein it has been submitted as under:-

“That in compliance of the above said orders of this

Hon’ble High Court order, the deponent informed to the

petitioner vide letter no.EE/(B)/MCG/2009/1057 dated

13.8.2009 Annexure R1 by which the document of work

order and the measurement of the work executive of the

site plant of the location was asked to submit in the

office of the MCG Gurgaon for the payment to him but till

date no documents were produced by the petitioner as
C.O.C.P.No.1380 of 2009 (O&M) 2

required by the answering deponent. Hence in the

absence of necessary documents the payment can not

be made to the petitioner, on the production of the

required documents, the payment will be paid to the

petitioner accordingly. The order of Hon’ble High Court

has been complied with and there is no willful and

intentional delay on the part of the deponent.”

In view of the aforesaid stand taken by the respondent,

the petitioner is directed to submit necessary documents to the

respondent within a period of two weeks from today and if the

documents are furnished by the petitioner, the respondent shall

decide the claim of the petitioner within two months thereafter in

accordance with law and if any amount is found due, the same shall

be paid to the petitioner within one month thereafter.

Rule discharged.

                                               (Rakesh Kumar Garg)
9.10.2009                                               Judge
AS