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2008 DIGILAW 509 (PAT)

Help, Through Its Executive Director, Manoj Kumar v. Patna Municipal Capotation

2008-03-18

NAVANITI PRASAD SINGH

body2008
Judgment 1. The petitioner is a non-Government voluntary organization which had undertaken sanitation work pursuant to tenders issued by the Patna Municipal Corporation for sanitation work in the town of Patna. Substantial payment having been held up and having failed to persuade the authorities by lawful means to clear the dues, the petitioner had no option but to come to this Court. Corporation has promptly filed a counter affidavit. In the entire counter affidavit, there is no dispute whatsoever with regard to petitioners work. The tenor of the counter affidavit is that for the work done, 75% payments have been made. As works were stopped because of change in policy decision midway, full payments for work done could not be made. This, to me, is a lame excuse. By making 75% payment, the Corporation is neither doing any charity nor can it expect the petitioner to be obliged to it because it was the obligation of the Corporation to make payment and it has in discharge of that, payment has been made. All I can say that it is because of this poor financial responsibility on part of Governmental organizations that people are reluctant to come forward in this State to do the work on behalf of Government or Governmental organizations. The sufferers unbeatingly are the citizens. 2. There is yet another set of work which petitioner was asked to do on emergent basis from time to time like cleaning up of roads etc. on festive occasions like Chath and when the Corporations staff was on strike. Even though without specific agreement in this regard, petitioner volunteered to do the work which is not complained about still part payments are withheld. I wonder what message Corporation is trying to send. 3. I am, therefore, left with no option but to direct that all accounts to the petitioner must be settled and cleared by making payment within two weeks from today. Mr. Chandrashekhar, learned Senior Counsel for the Corporation submits that there should be no difficulty in the same and very fairly accepts that it is only when payments are promptly made that would encourage people to come forward and accept work on behalf of Corporation because delay in payments would set a wrong precedent for which the sufferers would only be the citizens. 4. In view of the aforesaid directions, the writ petition stands disposed of. 5. 4. In view of the aforesaid directions, the writ petition stands disposed of. 5. Let a copy of this order be given to the learned counsel for the Corporation.