Excelsior Correspondent
Srinagar, Sept 20: High Court today directed the Government to expedite the enquiry as order for physical verification of augmentation of sports infrastructure in Jammu and Kashmir and take final decision in order to disburse the amount of work done in favour of the petitioner-contractor without any delay.
The crux of the matter is that the Department of Youth Service and Sports was entrusted with augmentation of sports infrastructure in the Union Territory of Jammu and Kashmir for 196 projects funded by the JKIDFC. The execution of the works was entrusted to the Engineering wing of the Jammu and Kashmir Sports Council vide Government Order No. 24-EDU (YSS) of 2019 dated 06.03.2019.
As per the Government order, the entire process of tendering technical sanction and allotment was to be undertaken by the Executive Engineer, J&K Sports Council, Kashmir after obtaining administrative approval from the Directorate of Youth Service and Sports, J&K.
The works include the construction of cement concrete basketball court at HSS Achan Rajpora was allotted at the cost of Rs. 18.55 lakhs whereas another work of construction of basketball court at HSS Harmain and Pahnoo was allotted at the cost of Rs. 18.24 lacs after completion of codal formalities.
The petitioner-contractor succeeded in the open tendering process for construction of cement concrete basketball court at HSS Achan Rajpora and HSS Harmain and Pahnoo. The work at HSS Achan Rajpora and HS Harmain and Pahnoo was completed by him and the requisite bills for payment were raised by Engineering Wing of J&K Sports Council for an amount of Rs 8,34,800 and Rs. 9,08,100 and were accordingly uploaded in JKIDFC Portal for release of payment.
His grievance before the court was that the concerned authority without any reason or justification intervened in the matter and stopped the release of payment at the stage when it was only to be disbursed to him which constrained him to approach the court seeking direction for release of payment due for the execution of two works i.e, construction of cement concrete basketball court at HSS Achan Rajpora and construction of basketball court at HSS Harmain and Pahnoo to him.
Justice Sanjeev Kumar directed Administrative Department of Youth Service and Sports, to expedite the enquiry undertaken by the Committee constituted by Government and take final decision in the matter within a period of two months.
“In case of dispute with regard to the quality or quantity of works executed by the petitioner and his entitlement to the payment, the remedy of the petitioner would lie before the Forum other than this Court exercising extraordinary writ jurisdiction under Article 226 of the Constitution of India. The petitioner may have to work out and avail the remedy available to him under civil law”, Justice Kumar added.
The record also reveals that on taking cognizance of the grievance registered by the petitioner in the office of Lt. Governor, the Administrative Department on June 2021, asked for detailed factual report in the matter and in response to the Administrative Department’s communication a detailed report was forwarded to Administrative Department in the month of July 2021.
The Enquiry Committee was constituted by the Government in the month of August 2021. The concerned authority submitted that report from the Enquiry Committee constituted by the Government is awaited and further action in the matter shall be taken by the Government and other respondents on the basis thereof.
Follow our WhatsApp channel
