DINA NATH JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) IT is most unfortunate that in all matters were contractors have executed works on behalf of the various Departments of the Government of Bihar they are compelled to move writ petitions in this Court for payment of their bills. This Court has taken consistent view that so far as the admitted dues are concerned they ought to be paid without delay and if there is any dispute with regard to any bill or part thereof, the concerned person should be informed of the reasons therefor, so that he may seek remedy before an appropriate forum in accordance with law. I fail to understand what prevents the Government and its Departments from following the procedure which will avoid unnecessary litigation before this Court.

(3.) LET a copy of this order be sent to the Chief Secretary, Government of Bihar, so that he may communicate to all the concerned departments and direct them to act accordingly. If I find that this procedure is not being followed, and contractors are compelled to move this Court even for consideration of their claim by the Government and payment of admitted liability, heavy cost will be imposed against the State to be recovered from the officers for whose laches payments are not made.