Heard counsel for the parties.
The following order was passed on 17.12.2009.
"The following order was passed on 1.12.2009 : "Heard counsel for the parties.
Certain works were executed by the applicant in Public Works Department between 1999 and 2004 and even after successful completion, payments were not made and as such he preferred writ petition no.47001 of 2007 and Division Bench of this Court vide judgment and order dated 26.9.2007 disposed off the writ petition directing the opposite parties to take a decision with regard to payment to the applicant within three months.
In pursuance thereof, the Executive Engineer vide order dated 24.10.2007 accepted the entire bill amounting to Rs.30,94,119/- but held that since the budget has not been sanctioned, the payments could not be made. This led to filing of another writ petition no. 23086 of 2008 and this petition was finally disposed off vide order dated 8.5.2008 directing the opposite party to pay the entire amount within three months failing which the applicant would be entitled to 18% per annum interest.
Non-compliance forced the applicant to prefer the present contempt petition and upon issuance of notice, an affidavit of compliance dated 19.5.2009 was filed stating that the applicant was found entitle to Rs.12,21,705/- and after deduction of income tax and sales tax, Rs.11,61,838/- was paid to the applicant through a cheque dated 30.3.2009. However, neither the interest was paid nor the money relating to contract no. 45/AE-4 dated 25.11.2004 and CB No.44/AE-4 dated 25.11.2004 were paid.
Today a cheque of Rs.14,44,534/- reflecting the interest on the amount already paid has been handed over to the counsel for the applicant who has issued a due receipt. However, no explanation has come with regard to the money covered by the aforesaid two contracts.
Let payment be made and explanation be given by the next 2 date.
List on 17.12.2009.
"
In pursuance thereof, the present Executive Engineer has filed an affidavit stating that with regard to contract no.198/AE(II) dated 11.3.2004 for Rs.1,76,167/- as the original agreement had been taken by the CB CID in 2007 itself, could not be paid as it has yet not returned the original agreement, even though letters were written on 14.12.2009. However, there is nothing on record to show that any case has been lodged against the applicant with regard to such contract or anything adverse has been found. Therefore, this cannot be a ground for stopping the payment. If the payment is not made by the next date, the Secretary, UP Public Works Department, U.P. Lucknow would appear on the next date alongwith his explanation.
Let a copy of this order be given to Sri Suresh Singh, learned Addl. Chief Standing Counsel within 48 hours.
List for further orders on 13.1.2010.
In pursuance thereof an affidavit of compliance has been filed stating that the remaining amount together with interest has also been paid.
In view of the aforesaid, since there is substantial compliance of the writ order, notices are discharged. Contempt petition is rejected and consigned to record.
Order Date :- 13.1.2010 AU