Court No. - 37 Case :- WRIT - C No. - 23267 of 2010 Petitioner :- M/S. Balaji Wires Pvt. Ltd. Respondent :- State Of U.P. Thru. Secr. Irrigation & Ors. Petitioner Counsel :- Rudreshwari Prasad Respondent Counsel :- C.S.C.,Vishnu Ratan Dwivedi Hon'ble Rajes Kumar,J.
Hon’ble Bharati Sapru,J.
Sri A.K.Singh, Executive Engineer, Irrigation Division-II, Maharajganj is
present in Court. It appears that he was also present in Court on 12.07.2010,
when the case was fixed, but in the absence of the Bench, the case could not
be taken up. He is represented by Sri Vishwa Ratan Dwivedi, Advocate. An
application has been filed annexing a letter dated 16.05.2009, written by him
to the Financial Controller, Office of Chief Engineer, Irrigation Department,
U.P., Lucknow, by which the Executive Engineer has requested for the
payment of Rs.16,09,920/- to the petitioner.
Learned counsel submitted that Sri A.K.Singh has thereafter persued the
matter for payment to the petitioner but due to non-sanction of the budget, the
payment could not be made to the petitioner. Now he has been transferred on
16.04.2010 to the office of Chief Engineer, Irrigation Department, U.P.,
Lucknow.
Sri Vishwa Ratan Dwivedi, learned counsel for respondent no.5 submitted
that the Principal Secretary, Irrigation Department, U.P. is the competent
authority to sanction budget and unless budget is sanctioned, the payment to
the petitioner may not be possible .
In view of the above, we direct the Principal Secretary, Irrigation Department,
U.P., Lucknow and the Finance Controller, Office of the Chief Engineer,
Irrigation Department, U.P., Lucknow to appear in person on 28.07.2010 to
explain why the payment has not yet been made to the petitioner and why the
petitioner may not be entitled for the delayed payment with interest. Until
further order, Sri A.K.Singh, Executive Engineer, Irrigation Division-II,
Maharajganj need not to appear in person.
Copy of this order may be given to learned Standing Counsel within 24 hrs.
Order Date :- 19.7.2010
R./