CUTTACK MUNICIPAL CORPORATION Vs. HAREKRUSHNA NAYAK

JUDGEMENT

(1.) The unsuccessful defendant no. 1 in C.S. No. 3 of 2014 has filed this appeal assailing the judgment and decree dated 5.7.2014 and 19.7.2014 respectively passed by the learned 2nd Addl. Civil Judge (Senior Division), Cuttack.

(2.) The suit was filed by the plaintiff -respondent no. 1, namely, Harekrushna Nayak, for recovery of money. The case of the respondent no. 1 in brief is that he was serving as a Junior Engineer under the Cuttack Municipal Corporation (for short 'the Corporation')(defendant no. 1). During his tenure, he had executed more than 52 numbers of departmental works under his supervision engaging labourers at his own risk and taking materials from the Corporation as well as from the suppliers for which he had made payment by receiving the same from the Corporation. However, some of the expenses he had incurred and payment made were not reimbursed by the Corporation and the same was held up without any reason. The details of the works for which he had not received any payment are detailed herein below:

(3.) Taking into consideration the rival contentions of the parties, the following issues have been framed by the trial court.