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2022 DIGILAW 1078 (JHR)

Rama Kant Nishad v. State of Jharkhand

2022-08-30

RAJESH SHANKAR

body2022
JUDGMENT : 1. At the request of learned counsel for the petitioner, let the Chief Electoral Officer-cum-Principal Secretary, Cabinet (Election) Department, Dhurwa, Ranchi be impleaded as respondent no.5. 2. Necessary insertion in the cause title of the writ petition be made by the counsel for the petitioner in course of the day. 3. Dr. Ashok Kumar Singh, Advocate appears and waives notice on behalf of the newly impleaded respondent no.5. 4. The present writ petition has been filed for issuance of direction upon the concerned respondents to release the admitted dues in favour of the petitioner for the work executed by him in the district of West Singhbhum during Loksabha General Elections, 2019. 5. Learned counsel for the petitioner submits that pursuant to work order as contained in letter no.354 dated 19th March, 2019 issued under the signature of the Executive Officer, Municipal Council, Chaibasa- respondent no.4, the petitioner executed the work of fixing/installing double door/ramp and railing at different polling centres. After execution of the work, the petitioner submitted bill of Rs.5,73,675/- before the respondent no.4. The respondent no.4, while sending the bill of the petitioner in original along with its photostat copy, vide letter no.591 dated 22nd May, 2019 requested the Deputy Election Officer, Chaibasa- the respondent no.3 to make payment of the said bill to the petitioner directly. It is further submitted that out of the said bill amount of Rs.5,73,675/-, the petitioner was paid Rs.1.50 lacs vide account payee cheque no.357452 dated 17th July, 2019 and the balance amount of Rs.4,23,675/- is still due to be paid to him. Despite several requests made by the petitioner to the respondent authorities, the balance amount of admitted dues for the said work has not been paid, which has compelled the petitioner to prefer the present writ petition. 6. Learned counsel for the respondent nos.2, 3 & 5, while referring to the counter affidavit filed on behalf of the respondent nos.2 and 3, submits that the respondent no.2 vide letter no.83/Nirwa. Dated 21st April, 2022 has requested the Chief Electoral Officer-cum-Principal Secretary, Cabinet (Election) Department, Government of Jharkhand, Ranchi- the respondent no.5 to allot fund of Rs.67,18,046/- for making payment of remaining dues of different suppliers/agencies including the petitioner. It is further submitted that as soon as the said fund is made available to the respondent no.2, the balance amount of admitted dues will be paid to the petitioner. It is further submitted that as soon as the said fund is made available to the respondent no.2, the balance amount of admitted dues will be paid to the petitioner. 7. Having heard learned counsel for the parties and keeping in view that the respondent nos.2 and 3 in their counter affidavit have not denied the claim of the petitioner, rather they have stated that the balance amount of admitted dues has not been paid to the petitioner due to non-availability of fund for which request has already been made to the respondent no.5. 8. Under the said circumstance, this Court is of the view that payment of balance amount of admitted dues should not be kept pending for unreasonably long period. 9. Hence, the respondent no.5 is directed to expedite and complete the process of making the required fund available to the respondent no.2 preferably within a period of two months from the date of the order. On receipt of the required fund from the respondent no.5, the respondent no.2 shall take appropriate step for making payment of balance amount of admitted dues for the work in question to the petitioner within a period of three weeks thereafter. 10. The writ petition is disposed of with the aforesaid direction.