MEENA PRATAP SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners late husband (Surendra Pratap Singh) had executed civil contract for the State Government in time. He raised a claim of Rs. 2,13,912/ - which was not paid leading to C.W.J.C. No. 9829 of 1996. The same was disposed of by order dated 6.8.1997 (Annexure -1), wherein the Secretary, Road Construction Department, Government of Bihar, was directed to dispose of the petitioners claim within a period of six months and pay the admitted dues. Unmindful of the lapse of time the Departmental Secretary has paid a sum of Rs.1,69,692/ - after deducting at source the Income -tax and Sales -tax. The petitioners husband died in October 2001. The petitioner, being the widow, complains before this Court that interest has not been paid to her on the belated payment. She relies on the judgment of the Supreme Court reported in A.I.R. 1992 S.C. 732=1992(1) S.C.C. 508 (Secretary, Irrigation Department, Government of Orissa and others vs. G.C. Roy) wherein it is stated that the respondents are bound to pay the interest unless the agreement stipulates specifically that interest shall not be paid.

(2.) THE facts in the present case are loud and clear and the callousness of the respondent -authorities writ large on the face of the proceedings. In that view of the matter, the Secretary, Road Construction Department, Government of Bihar, Patna, is hereby directed to pay interest at the rate of nine per cent on the amount already determined prior to deduction of taxes from the date of completion of work till the date of payment within a period of two months and report compliance to this Court by filing a supplementary show -eause personally sworn by him.