OM PRAKASH SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging order dated 27.10.2010 (Annexure-14) by which the Secretary, Building Construction Department, Bihar, Patna (respondent no, 2) refused to make payment of the outstanding dues for the work done by the petitioner as per verbal order of the Executive Engineer, Building Construction Division, Patna (respondent no. 8) and also for directing the respondents to ensure payment of outstanding legal dues of the petitioner for the work done by him in Indira Gandhi Institute of Cardiology and Indira Gandhi Central Casualty Building in Public Health Institute situated in the precincts of Patna Medical College and Hospital, Patna and also for restraining the respondents from awarding NIT No. 17/PBD/10-11 and NIT No. 20/PBD/10-11 which were published in daily Hindi Newspaper on 22.7.2010 and 3.9.2010 in Hindustan Daily Newspaper and on 30.7.2010 in Dainik Jagaran respectively to any one. The claim of the petitioner was that the State Government considering the requirement of the patients and the capacity of the hospital for vital diseases sanctioned huge amount for construction, renovation, purchase, upkeep of different hospitals in the State out of which Patna Medical College and Hospital is one of the most ancient hospitals in the country attracted the attention of the State Government, specially its prime departments, namely Indira Gandhi Institute of Cardiology and Indira Gandhi Central Casualty Building which cater large number of patients of Kidney and Heart diseases etc. from ail over the State and even beyond.

(2.) It has been stated by learned counsel for the petitioner that in the budgetary provision of the Health Department, the State Government ear-marked special fund for Patna Medical College and Hospital out of which some funds were allocated to construct the boundary wall along Ashok Raj Path and at the embankment of the ganges in south and north side of the hospital respectively. When even after the said construction, the fund was not exhausted, the Superintendent, Patna Medical College and Hospital wrote a letter to the Executive Engineer, Building Construction Division, Patna on 5.9.2008 and 1.10.2008 (Annexures-1 and 2) stating that as the funds were still available, renovation work of 1st and 2nd floors of Indira Gandhi Central Casualty Building as well as of the Indira Gandhi Institute of Cardiology both situated in the Patna Medical College and Hospital be completed at once on priority basis as per urgent requirement. It was also stated that in view of the aforesaid two letters of the Superintendent, Patna Medical College and Hospital, the Executive Engineer, Building Construction Division, Patna after due deliberations asked the petitioner-firm M/s Om Lalita Construction Company, which was a duly registered firm with the Building Construction Department of the State of Bihar having registration no. 1488 of 2009 and was doing Government allotted work in the Hospital, to do the said works also. Learned counsel for the petitioner submitted that although some more steps were required in that regard, but the authorities of the Hospital as well as the authorities of the Building Construction Department seeing the exigencies and urgency of the work gave oral orders to the petitioner's concern for completing the said work, with the intention to meet the legal paraphernalia later on. Learned counsel for the petitioner further submitted that in such extreme urgent and exigent circumstances, such custom is prevalent in the Department and hence the petitioner started the said work, information regarding which was given by the Department of Head of Nephrology to the Superintendent of Patna Medical College and Hospital regarding remodeling of the Nephrology Department of the 2nd floor of the building of Indira Gandhi Institute of Cardiology vide letter dated 29.1.2009 (Annexure-3).

(3.) Learned counsel for the petitioner averred that on the estimate forwarded by the Building Construction Department, Deputy Secretary of the Health Department wrote a letter to the Accountant General, Bihar on 25.6.2009 (Annexure-4) to sanction the budgetary provision of Rs. 95,87,000.00 for construction and up gradation work of Indira Gandhi Institute of Cardiology, Patna for the financial year 2009-10 in which it was stipulated that the Director of Indira Gandhi Institute of Cardiology will be drawing and disbursing officer and Director in Chief, Health Services will be its controlling officer. In that view of the matter, the Building Construction Department wrote a letter to the Principal Secretary, Health Department on 24.9.2009 (Annexure-5) for the said work attaching thereto estimate for the two projects for a tune of Rs. 75.548 lacs and Rs. 88.698 lacs respectively from the fund of the Health Department. Learned counsel for the petitioner also averred that pursuant to the aforesaid estimate and approval by the Department, the Executive Engineer, Building Construction Department, Patna asked the petitioner to complete the work seeing its urgency without waiting for any written agreement from the Department. The petitioner started the work in anticipation that after issuance of N.I.T. for the said work, the same will be allotted to him.