(1.) The petitioners who are contractors and who executed certain Works Contract for the Respondent -BBMP have approached this Court for seeking a direction to the Respondent - BBMP to consider their representations and release the payment against the final bills for such works already executed.
(2.) The learned counsel for the Respondent -BBMP has submitted that in some of the cases, certain Criminal Cases were registered against some of the Contractors for misappropriation of the funds of the BBMP and the matter was pending investigation with the CID. He submitted that therefore, till those documents and original records were released by the Investigation Agency, the Respondent - BBMP could not Date of Order 04-07-2017 W.P.Nos.54422/2016 and Connected matters M. Krishna Murthy and Ors. Vs. The Commissioner, BBMP and Anr. consider the representation and finalize the payments of the Bills, if the present petitioners were not involved in any manner in such investigation or criminal activities.
(3.) The learned counsel for the petitioners has brought to the notice of the Court that a Co-ordinate Bench of this Court in a similar matter in Writ Petition No.54425/2016 (K.Nagaraju Vs. The Commissioner, BBMP and another) decided on 08/03/2017, has directed the Respondent - BBMP to consider and decide the representation after giving an opportunity of personal hearing to the petitioner and even if the Investigating Agency has seized the documents, even then, the BBMP can have easy access to the same, and if the present petitioners are prima facie not found to be involved in such misappropriation or criminal activities, the case of the petitioner for release of their amounts can certainly be considered by the Respondent Authorities. Para.6 of the order passed by the Co-ordinate Bench of this Court Date of Order 04-07-2017 W.P.Nos.54422/2016 and Connected matters M. Krishna Murthy and Ors. Vs. The Commissioner, BBMP and Anr. in the aforesaid case is quoted below for ready reference.