Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3058 of 2021 Applicant :- M/S Shanti Enterprizes Opposite Party :- Sanjay Tiwari, Executive Officer Counsel for Applicant :- Amar Bahadur Maurya Counsel for Opposite Party :- Preet Pal Singh Rathore,Punit Khare
Hon'ble Ajit Kumar,J.
Heard Sri Amar Bahadur Maurya, learned counsel for the applicant, Sri M.C. Chaturvedi, learned Additional Advocate General assisted by Sri P.K. Giri, learned Additional Chief Standing counsel for the Additional Chief Secretary, Urban Development, Government of U.P., Lucknow and Sri Gajendra Pratap, learned Senior Advocate assisted by Sri Punit Khare, learned counsel for Chief Executive Officer, Nagar Palika Parishad, Badaun.
On the last occasion when the Chief Executive Officer, Sri Sanjay Tiwari was confronted with the query as to why the admitted amount to the contractor was not being paid, he made a statement that the amount that was required to be paid to the applicant towards the development activities carried out by him under the contract executed by Nagar Palika Parishad, Badaun was to be paid from the development fund and that the development fund was not received from the Urban Development Ministry of State of U.P. for district Badaun for the last three years. Under the circumstances, the Additional Chief Secretary, Urban Development, Government of Uttar Pradesh was directed to remain present today.
Sri M.C. Chaturvedi, learned Additional Advocate General has placed an exemption application before this Court along with an affidavit on behalf of Additional Chief Secretary, Urban Development, U.P. with the plea that the officer may be excused from personally appearing today only because of his already scheduled assignment due to the visit of the Prime Minister of the country in the city of Lucknow in connection with some program. However, it is assured that the officer concerned will certainly appear on the next date fixed. The Chief Executive Officer, Nagar Palika Parishad, Badaun is however, present in Court.
In the affidavit filed in support of exemption application it is stated in paragraph nos. 9 and 10 that Rs. 98,45,57,486/- had been released by State Finance Commission for the financial years 2017-18, 2018-19, 2019-20, 2020-21 and 2021-22 and further by the Central Finance Commission Rs. 39,42,63,905/-
for the development and further additional sum of Rs. 3,13,29,000/- under City Development Scheme for the interest free loan.
It is submitted by learned Additional Advocate General that whatever the development activities is to be carried out by Nagar Palika Parishad, Badaun, it is the duty of Nagar Palika Parishad, Badaun to pay for the same for such activities from those very funds.
At this stage it is submitted by learned counsel for the applicant that the entire amount due to the applicant has come to be paid on 01.10.2021 through cheque.
Sri Sanjay Tiwary, the Chief Executive Officer today stated before the Court that he has paid back the amount after collecting the house tax due from the residents of city Badaun on 30.09.2021 of Rs. 3,50,000/- and further amount of Rs. 75,000/- was already lying balance in the account and so the contractor has come to be paid the entire amount.
From the statement so made, it transpires that the officer concerned, who is present before this Court, has not utilized any other category of funds and so the Court fails to understand as to when the State and Central Finance Commissions have allocated the fund and transmitted the same to the account of Nagar Palika Parishad, Badaun for the development and other activities, what restrained the Executive Officer from utilizing the same.
It is always expected that an officer of the rank of Chief Executive Officer of Nagar Palika Parishad which is a local body, shall properly utilize the funds and never commit such mistakes in future withholding a contractors' money. The Court considers it to be first such conduct on the part of officer concerned and, therefore, purges him off the contempt proceedings.
I however, must observe that any statement by a responsible officer before the Court should be made with some sense of responsibility and it is excpected that in future, the officer concerned who is present before this Court, shall never commit such mistake.
The exemption application of Additional Chief Secretary, Urban Development, Government of U.P. is also allowed as the mater has stood settled, however, the ground taken as an excuse from appearance in Court is taken to be only an exceptional circumstance. It is also expected that the court proceedings should be given priority over and above all such matters which may be connected with the administrative side of the functioning of the State Government. The Courts do not find it pleasure some to summon the officials of the State government, but if it becomes a question of compliance of the order of Court of law, the same can not and must not be compromised for such excuses.
Since the order of the writ Court stood complied with, there remains no cause to continue proceedings of contempt.
Contempt application is accordingly consigned to record. Notices issued, if any, stand discharged.
Order Date :- 7.10.2021 IrfanUddin