OMEC ENGINEERS Vs. SHIVENDRA NATH VERMA AND ORS.

JUDGEMENT

(1.) The Managing Director, Jharkhand Bijli Vitran Nigam Limited (JBVNL) Mr. Rahul Kumar Purwar is present in Court today pursuant to the previous order. A show cause has been filed today enclosing the reasoned and speaking order passed by the present Managing Director dated 06.10.2015 and a decision of the Board of Directors of JBVNL taken on 02.11.2015 vide Agenda Item No. 15/09 on the aforesaid subject. Learned Senior Counsel Mr. Ajit Kumar, appearing for the opposite parties, submits that the reasoned order contains the entire narration of the details of the matter and indicates its observations on the claim of the petitioner for payment of its pending Bills which has thereafter been placed before the Board of Directors as it is the Competent Body to arrive at a decision. Learned Senior Counsel has taken efforts to explain that there are legal impediments, as noted in the reasoned order, in the matter of payment of any Bills of the petitioner. Learned Senior Counsel for the opposite parties has offered unconditional apology on the part of the concerned opposite party for the delay in compliance of the directions. It is submitted that the present decision has been taken by the Competent Body i.e. the Board of Directors of JBVNL as the earlier decision taken by the speaking order passed by the then Chairman, JSEB dated 29.10.2013, was not with the approval of the Board which is required in such matters.

(2.) Learned counsel for the petitioner has submitted that the opposite party have taken unusually long time in complying with the orders of the Court without any satisfactory explanation for which, they are required to be proceeded against. He submits that the present reasoned order also is not in strict compliance of the directions passed by the Court, as it does not determine the exact liability arising out of the execution of the works by the petitioner.

(3.) Learned Senior Counsel for the opposite party submits that the order is self speaking and it contains the report of the Committee also which have given its opinion about quantification of the works executed. However, on account of legal impediments, Board has resolved that an early decision would be taken in the matter after the Vigilance Department submits its final report. Therefore, the orders stand complied with. Learned Senior Counsel for the opposite party submits that Vigilance Department has been requested to furnish a report in the matter at the earliest and depending upon that, Board will take a decision on the question of payments, in accordance with law.