Court No. - 35 Case :- CONTEMPT APPLICATION (CIVIL) No. - 3336 of 2008 Petitioner :- M/S Tej Bahadur Singh Respondent :- Kapil Dev, U.P.P.W.D. Thru' Its Secy And Others Petitioner Counsel :- Shyam Kumar Respondent Counsel :- S.C. Hon'ble Devendra Pratap Singh,J.
Heard counsel for the parties.
The following order was passed on 17.12.2009.
“The following order was passed on 1.12.2009 :
“Heard counsel for the parties.
Certain works were executed by the applicant in Public Works
Department between 1999 and 2004 and even after successful
completion, payments were not made and as such he preferred writ
petition no.47001 of 2007 and Division Bench of this Court vide
judgment and order dated 26.9.2007 disposed off the writ petition
directing the opposite parties to take a decision with regard to
payment to the applicant within three months.
In pursuance thereof, the Executive Engineer vide order dated
24.10.2007 accepted the entire bill amounting to Rs.30,94,119/- but
held that since the budget has not been sanctioned, the payments
could not be made. This led to filing of another writ petition no.
23086 of 2008 and this petition was finally disposed off vide order
dated 8.5.2008 directing the opposite party to pay the entire amount
within three months failing which the applicant would be entitled to
18% per annum interest.
Non-compliance forced the applicant to prefer the present
contempt petition and upon issuance of notice, an affidavit of
compliance dated 19.5.2009 was filed stating that the applicant was
found entitle to Rs.12,21,705/- and after deduction of income tax
and sales tax, Rs.11,61,838/- was paid to the applicant through a
cheque dated 30.3.2009. However, neither the interest was paid nor
the money relating to contract no. 45/AE-4 dated 25.11.2004 and CB
No.44/AE-4 dated 25.11.2004 were paid.
Today a cheque of Rs.14,44,534/- reflecting the interest on the
amount already paid has been handed over to the counsel for the
applicant who has issued a due receipt. However, no explanation has
come with regard to the money covered by the aforesaid two
contracts.
Let payment be made and explanation be given by the next
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date.
List on 17.12.2009.
”
In pursuance thereof, the present Executive Engineer has filed
an affidavit stating that with regard to contract no.198/AE(II) dated
11.3.2004 for Rs.1,76,167/- as the original agreement had been taken
by the CB CID in 2007 itself, could not be paid as it has yet not
returned the original agreement, even though letters were written on
14.12.2009. However, there is nothing on record to show that any
case has been lodged against the applicant with regard to such
contract or anything adverse has been found. Therefore, this cannot
be a ground for stopping the payment. If the payment is not made
by the next date, the Secretary, UP Public Works Department, U.P.
Lucknow would appear on the next date alongwith his explanation.
Let a copy of this order be given to Sri Suresh Singh, learned
Addl. Chief Standing Counsel within 48 hours.
List for further orders on 13.1.2010.
In pursuance thereof an affidavit of compliance has been filed
stating that the remaining amount together with interest has also been
paid.
In view of the aforesaid, since there is substantial compliance of the
writ order, notices are discharged. Contempt petition is rejected and
consigned to record.
Order Date :- 13.1.2010
AU