Excelsior Correspondent
Srinagar, Sept 17 : Taking strong note for filing of unnecessary appeal by the Government against the judgment of writ court whereby remaining payment of a contractor was directed to be paid to him for his work, High Court imposed exemplary costs of Rs 9 lakh as penalty on the Government.
The Division Bench of Justice Atul Sreedharan and Justice Mohammad Yousuf Wani dismissed the appeal moved by the Government with exemplary costs of Rs. 9 lakh. The appeal was sought against the writ court judgment, whereby the court allowed the petition of contractor-Mohammad Afzal Reshi seeking disbursement of remaining part of payment for which he has worked (execution of work for earth filling for the Wullar Manasbal Development Authority) and directed the authorities concerned to pay the remaining part of payment to the petitioner-contractor for completion of his contract.
The Single Judge had held that the grant of administrative approval or completion of any other codal formality is a matter that concerns the Administrative Department for which the contractor cannot be penalized as the aggrieved contractor invested his men and money to complete the additional work at the same rates as the original work, and that the appellant-Government failed to appreciate the gesture of the Contractor who agreed to execute the additional work on the same rates.
The DB opined that exemplary costs should be imposed. “Therefore, a cost of one lakh rupees from the year 2015 for every year of delay, till the passing of this order shall be paid to the respondent herein, totalling Rs. 9 lakh as on date, shall be paid to the respondent forthwith”, court concluded and directed this cost shall be recovered from the salary of the officer who initiated this misadventure of filing of the present LPA knowing fully well that there is no reasonable cause at all.
“The payment of this cost of Rs. 9 lakh shall be in addition to the payment of the balance amount due to the respondent-department along with interest of 6% per annum, as imposed upon the appellant-Government by the Single Judge in the principal order”, DB added
The counsel for the contractor informed the Division Bench that harried by the Government of Jammu and Kashmir for so many years, the original litigant has died on 5th July, 2024, without getting an opportunity to savour the results of his hard work as such the amount shall be paid to the legal heirs of Contractor.
“The details of the legal heirs shall be furnished to the appellants as soon as possible. The same shall be given to the Advocate General’s Office, who shall place the same before the Government of Jammu & Kashmir to ensure compliance”, DB directed.
Court on filing of appeal despite admitting that remaining part of payment shall be paid to the aggrieved contractor said the present appeal before this Court, is the same symphony that was played before the Single Judge has been replayed before this Court.
“This is most painful to the ears of this Court. Despite this Court having passed several decisive orders in the past in contempt petitions, the Union Territory continues to play hide and seek with the orders of this Court. Under the circumstances, this Court feels that an order needs to be passed in this particular Letters Patent Appeal which is exemplary and deterrent in nature to prevent the Union Territory from filing such frivolous cases and delaying the relief granted to the litigants”, read the judgment.
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