HARBANSHI LALL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present application has been filed by the petitioner for issuance of a writ or direction for making allocation of funds for payment of his outstanding bills for the works done.

(2.) A counter affidavit has been filed by the State stating that after the writ application was filed the matter was referred to Liability Committee, which examined the matter and found that the measurement and other circulars of the Government was not followed by the Engineers concerned of the State and as such payment could not be made. Liability to make payment was thus refuted. The petitioner alleges that for failure of the Government officials, the petitioner cannot be made to suffer. The petitioner has no hand in making measurement or filling up the measurement book. It is the duty of the Government officials themselves. If Government officials do not perform their duty the petitioner cannot be made to suffer. In other words it is submitted that for default of the Government officials the petitioner cannot be made to suffer. Reliance is placed on AIR 1954 Bombay 232 wherein C.J. Chagla has held as follows:

(3.) FROM the manner in which Liability Committee has proceeded to examine the claim of the petitioner, it is clear that they had come with a preconceived notion to find some fault to deny the liability. Having found no fault in the work of the petitioner, they found fault in their own officials and instead of taking action against their own officials for not following directive, the action is taken against the petitioner. This court finds that these actions are grossly arbitrary and unsustainable. It defies logic and is contrary to law. The Liability Committee appears to be merely a colourable exercise of power.