Allowed

Vijay Kumar @ Vijay Kumar Singh v. The Chairman,bihar State Electricity Board and Ors.

Patna HC19 Sept 2012CWJC/17576/2012

Case brief

AI extract

What is this about?

In a writ application, the petitioner sought payment of commission and refund of security regarding outsourced meter-reading work completed to the Board's satisfaction. The Court directed the Board to examine bills and release the admissible amount within three months at cost plus 12% compound interest.

What did the court decide?

Direction to examine bills and release admissible amount within three months; 12% compound interest payable if delayed.

Vijay Kumar @ Vijay Kumar Singh Vs The… — Contract and Commercial Disputes | Patna HC (2012)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17576 of 2012

¶2

====================================================== Vijay Kumar @ Vijay Kumar Singh, Son of Sri Lal Bahadur Singh, resident of village & P.O. Nariyar, Police Station Saharsa (Town), District Saharsa .... .... Petitioner Versus 1. The Chairman, Bihar State Electricity Board, Patna. 2. The General Manager - cum - Chief Engineer, Bihar State Electricity Board, Koshi Area, Saharsa. 3. The Superintending Engineer, Bihar State Electricity Board, Electricity Supply Circle, Saharsa. 4. The Accounts Officer, Bihar State Electricity Board, Electricity Supply Circle, Saharsa. 5. The Assistant Electrical Engineer, Electric Supply Subdivision, Saharsa. 6. The Junior Electrical Engineer, Electric Supply Section, Saharsa West (Urban) .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr.Bindhayachal Singh, Mr. Satya Prakash, Advocates For the Respondents : Mr.Akhileshwar Singh, AC to Mr. Vinay Kirti Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

¶3

2 19-09-2012 The work of meter-reading was outsourced by the Bihar State Electricity Board (hereinafter referred to as “the Board”) and petitioner and several others were given franchise on payment of some commission for recording the meter-reading and collecting electric bills and depositing the same and some ancillary works.

¶4

As per the case of petitioner, he executed the work during the period it was assigned and completed the same to the satisfaction of the respondents, deposited the entire amount with

¶5

Patna High Court CWJC No.17576 of 2012 (2) dt.19-09-2012

¶6

2 / 3

¶7

the officials of the Board which was verified, checked and found correct. In spite of that, petitioner has not been paid the amount of commission and, since petitioner is not continuing with the Board, his security amount has also to be refunded.

¶8

It goes without saying that, if the petitioner has completed the work as per the contract agreement and to the satisfaction of the respondents, he is entitled for payment of his bills and the respondents have no authority to withhold the same indefinitely without any valid and cogent reasons. It may be made clear that, since petitioner claims to have done the work in terms of the agreement and/or under valid orders/authorization by the competent authorities, paucity of fund or non-allotment of fund also cannot and should not be an excuse for keeping his bills pending.

¶9

In the circumstances, this writ application is disposed of with a direction to the concerned respondent, responsible for payment of the amount of bills of the petitioner, to examine his bills in the light of work done by him and ensure release of admissible amount of the bills to the petitioner positively within three months from the date of receipt/production of a copy of this order, if necessary, by arranging fund for the same, failing which, the said respondent shall be liable to pay an interest on the

¶10

Patna High Court CWJC No.17576 of 2012 (2) dt.19-09-2012

¶11

3 / 3

¶12

amount, at the rate of 12% compoundable yearly, from his own pocket. In case, the said respondent finds that the amount of bill or any part thereof is not payable to the petitioner, he shall communicate the same to the petitioner in specific terms, assigning reasons thereof, within that very period. In that event, petitioner shall be at liberty to seek his remedy in accordance with law before an appropriate forum and claim adjudication in respect

¶13

of his entitlement of the said amount with interest.

¶14

(Jayanandan Singh, J)

¶15

B.T/-

Vijay Kumar @ Vijay Kumar Singh v. The Chairman,bihar State Electricity Board and Ors.

Case brief

What is this about?

What did the court decide?

Vijay Kumar @ Vijay Kumar Singh v. The Chairman,bihar State Electricity Board and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Punam Devi Vs the Chief G.M.,Local H.O.,SBIand

Ganesh Prasad Singh Vs the Union of India and Ors.

Asif Hussain Khan Vs The Union Of India and Ors.

Jayant Pd. Vs The Union Of India and Ors.

Alok Kumar Vs State of Bihar and Ors.

Garg Welfare Society Vs The State Of Bihar and Ors.