OM CONSTRUCTION COMPANY Vs. K K SINGH

JUDGEMENT

(1.) This is an application under Article 215 of the Constitution of India praying to punish the respondents/contemnors for willfully and deliberately non-complying the order dated 9-10-2012 passed by a Division Bench of this Court in Writ Petition No. 14675/2011 (Om Construction Company v. State of M.P. and another). Certified copy of the order passed in the said writ petition has been filed alongwith the application for contempt. On bare perusal of the said order, we find that this Court specifically held that the Government and its functionaries were not having any wisdom to deduct a sum of Rs. 3,90,566/- from the balance 50% of the performance security furnished by the applicant. Ex consequenti the writ petition was allowed by giving direction to the respondents to release the balance amount and by giving further direction to make the payment within a period of thirty days from the date of communication of the order. We think it apposite to quote operative portion of the order passed in the aforesaid writ petition, which reads thus:--

(2.) De jure, it has been contended by Shri Amit Seth, learned Counsel appearing for the applicant that having attained finality of the aforesaid order passed by the Division Bench of this Court on 9-10-2012 by which direction was given to the respondents in the writ petition to make the payment within a period of thirty days from the date of communication of the said order and because the payment was to be made by contemnor No. 2 Ishrar Ahmed Sheikh, who is holding the post of Executive Engineer, Public Works Department (B & R) Division, Satna, deliberately the payment was not made to the applicant by flouting the order passed by this Court. It has also been put forth by him that despite the order was communicated to contemnor No. 2 and his attention was drawn by the applicant vide its letter dated 26-10-2012 (Annexure C-2), which was followed by another letter dated 29-10-2012 (Annexure C-3), but requisite payment was not made to him by contemnor No. 2. According to learned Counsel, when a specific order was passed by the Court, immediately within the span of thirty days, the payment ought to have been made but the payment was not made to the applicant. Hence, it has been prayed that although the payment has been made as directed by this Court on 26-10-2013, but, necessary order may be passed against the applicant for making the delayed payment.

(3.) On the contrary, Shri Rahul Jain, learned Deputy Advocate General appearing for the contemnors has submitted that an amount to the tune of Rs. 2,89,211 has been retained by the contemnor No. 2 for the reason, which is mentioned in the order dated 23-9-2013 (Annexure R-l) and further because the order has now been complied though late, therefore, the contempt proceedings may be dropped. It has also been put forth by him that contemnor No. 2 has tendered his unconditional apology also which has been stated in Paragraph No. 2 of the reply.