Judgment 1. This writ petition is another example to demonstrate before this Court that this State has become completely functionless, and if this trend persists then one day this Court will be compelled to record a finding of financial bankruptcy of the State Government. Law is well settled that it is the constitutional duty of the government in office to find funds to discharge its duties and functions. This writ petition is a complete negation of the well established principle of governance and constitutional principles. 2. The petitioner is a small organization which provides security measures to different organizations and individuals. It had been given the contract by the State Govt.to provide security and maintenance services to the Computer Cell of the District Transport Office situate on the first floor of the Biscomaun Tower, Patna, for the period 1.4.94 to 31.3.95. The service was provided to the satisfaction of the respondents and yet the payment has not been released till date. Hence the present writ petition. The petitioner has quantified the amount in paragraph 1 of the writ petition at Rs.51,600/-. 3. The respondents have filed their counter affidavit. I must say that the counter affidavit states with candour that the dues are admitted, and have not been paid on account of paucity of funds. The following portions of paragraphs 3 and 6 of the writ petition illumine the position : "3.....Time to time payments till 31st March, 1994 were made on the availability of funds and allotment made for the purpose by the respondent no.2 from 1.4.94 to 31.3.95, the payment has become due......" "6. That with regard to the statement made in paragraph 16 and 17 of the writ petition, it is stated that the respondent no.3, the District Transport Officer, Patna has written several letters requesting the respondent no.2 for the allotment of fund requires for the payment dues, but no fund for the purpose has so far been received and hence payment has become due. As soon as the fund for the payment would be made available, dues will be cleared." 4. Having considered the rival submissions of the parties, this writ petition has to be allowed. The frank statement of the respondent authorities acknowledging the dues in the counter affidavit is a mitigating circumstance in favour of the respondents. In that view of the matter, respondent no.2 (the Transport Commissioner, Govt. Having considered the rival submissions of the parties, this writ petition has to be allowed. The frank statement of the respondent authorities acknowledging the dues in the counter affidavit is a mitigating circumstance in favour of the respondents. In that view of the matter, respondent no.2 (the Transport Commissioner, Govt. of Bihar), is hereby directed to release the aforesaid sum of Rs.51,600/- to the petitioner with interest calculated @ 18% with effect from 1.4.1995, till the date of payment, with costs quantified at Rs.10,000/-, all together within a period of two months from today. 5. The writ petition is accordingly allowed. 6. Let a copy of this order be handed over to the Advocate General & Mr. S.J. Rahman, GP VII. Copies of this order may also be forwarded to the Chief Secretary and the Finance Commissioner, Govt. of Bihar, that the plea of paucity of funds in such cases can lead to the conclusion of financial bankruptcy, for which they are being forewarned.