CHOTAE LAL YADAV Vs. STATE OF BIHAR SECRETARY, ROAD CONSTRUCTION DEPARTMENT, VISHWESHWERRAIYA BHAWAN BAILEY ROAD, PATNA

JUDGEMENT

(1.) The petitioner has challenged the order of the Secretary, Road Construction Department passed on basis of the findings of the Liability Committee by which the petitioner's claim for payment of work done has been rejected. A reference to the report and the order would show that the only ground for rejecting the claim is failure of State Officials to abide by directions and circulars issued by the Government. Denial is not on ground that the work was not done but on the ground that the work though tendered and agreement entered into was not got executed as per Government's Circulars and Government Records were not accordingly maintained.

(2.) In my view, this is the responsibility of the State and if the State Officials fail to abide by the Government Circulars the petitioner cannot be penalized. In my view, what is said by the respondent, Secretary is virtually that my officers fail to discharge their responsibility in the manner in which they were required to do and therefore you the petitioner lose your right to claim for payment. There cannot be anything more absurd. If such stand is accepted as put forward by the State then in every contract Government would ensure some or the other defect is committed by some of its officers and then having taken work deny payment to the contractor who has nothing to do with those responsibilities.

(3.) This is one aspect of the matter which itself renders the order of the Liability Committee and the Secretary bad and not sustainable in law. It is accordingly set aside and the matter remanded to the Secretary for a fresh enquiry and an order.