Jammu, Nov 24: In CCP(S) No. 683/2019 titled Har Ravi Kumar V/s Ajeet Kumar Shahu and Ors. after hearing HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE P ORDERED as:-
01. This Court vide order dated 18.09.2018, against which the instant contempt petition has been filed, has disposed of the writ petition bearing OWP No. 312/2012 by directing the respondent No. 2 to make payment of the admitted amount which is due and payable to the petitioner within a period of six weeks from the date of receipt of a certified copy of the aforesaid order.
In the said order, it has also been made clear that the order No. 26-PW(Hyd) of 2003 dated 28.05.2003 shall not come in the way of releasing the amount in favour of the petitioner.
02. Compliance report/statement of facts has been filed by the respondent No. 3-Executive Engineer, Irrigation Division-II, Jammu, stating therein that as soon as the funds are allotted to this office by the administrative department, the admitted liability of the petitioner shall be paid to the petitioner forthwith.
03. Respondent No. 3 has filed another compliance report on 01.08.2023, in which a contrary stand has been taken that the funds has been sought as per the requirement of the department to clear the liabilities of the contract as per the terms and conditions of the contract.
The compliance report also reveals that the demand of the funds does not mean that the contractor is not under an obligation to fulfill the codal formalities.
The Committee has been constituted to verify the actual work done in light of the Government Order No. 1137-JK(GAD) of 2021 dated 27.10.2021 and Finance Department Circular No. A/40(2017)-492 dated 26.04.2021 and the petitioner has to remain associated with the Committee for verification of works.
However, the physical verification is not possible because of the nature of work involved in the claim and that too since 20 years.
But the case was examined in reference to Financial Circular mentioned above as the report stands submitted by the Chief Engineer Jal Shakti (I&FC) Department Jammu for onward submission to the Empowered Committee for final disposal of the claim.
04. In compliance to the impugned order dated 18.09.2018, Superintending Engineer, Hydraulic Circle, Jammu has passed a speaking order dated 08.08.2023, which is placed on record, perusal whereof reveals that the case is not reliable for verification at site because of the nature of work involved, which cannot be ascertained after the gap of twenty (20) years due to non-availability of record.
It is further stated in the said order that the Chief Engineer, Jal Shakti, Irrigation and Flood Control, Jammu has passed a direction vide Note No. 7 through E-office that the claim of the petitioner needs to be rejected.
05. In view of the fact that contradictory stand has been taken by the respondents, respondent No. 2-Chief Engineer, Irrigation and Flood Control Department, Jammu and respondent No. 3-Executive Engineer, Irrigation Division II, Jammu are directed to appear in person before this Court on the next date of hearing to explain their conduct for taking contradictory stand.
06. Let the matter be listed again on 15.12.2023
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