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Judgment
Date : 10-08-2026
The Writ petition has been filed for the following reliefs:
That this petition is being filed for setting aside the order passed by the Engineer in Chief cum special Secretary Department of Public Health Engineering Government of Bihar Patna whereby the amount due to the petitioner from admitted rupees 7,45,525/- as per the 3rd and final bill payable to the petitioner has been reduced to rupees 2,29, 434/- after examining the constructed work after 6 years going contrary to the order passed by this Hon'ble court vide order dated 08.01.2015 passed in C.W.J.C. no. 19833 of 2014 whereby this Hon'ble court was pleased to direct to the authority concerned not to make out a 3rd case as with regard to completion of the work and further for directing the authority concerned to make payment of admissible dues with interest to the petitioner.
Heard the Learned counsel for the petitioner as well as the Learned counsel for the respondents and perused the record.
It is the contention of the Learned counsel for the petitioner that, pursuant to the order dated 08.01.2015 passed by this Court in CWJC No. 19833 of 2014, the respondents have not made the payment due to the petitioner, for which the petitioner was constrained to file M.J.C. No. 1325 of 2016. However, from the order dated 27.08.2018 passed in M.J.C. No. 1325 of 2016, it is evident that this Court did not find any reason to proceed with the contempt application and disposed of the same with an observation that the Department shall deposit the amount of Rs. 52,132/- in the account of the petitioner, within one week from the date of submission of information regarding his before the office of the Engineer-in-Chief-cum-Special Secretary, Public Health Engineering Department, Government of Bihar. It was further observed that the petitioner would have the liberty to challenge the order of the Engineer-in-Chief-cum-Special Secretary, Public Health Engineering Department, Government of Bihar, whereby his other claims had not been accepted.
On perusal of the orders passed by this Court in CWJC No. 19833 of 2014 and M.J.C. No. 1325 of 2016 dated 08.01.2015 and 27.08.2018, respectively, this Court is of the considered opinion that the observations made by this Court are required to be duly complied with by the petitioner. As observed in CWJC No. 19833 of 2014, “if the petitioner, thereafter, is aggrieved on account of any deduction from his final bill and/or withholding any other amount, he shall have to enforce the terms of the contract by moving the Arbitral Tribunal for redressal of rest of his grievance”.
It is an admitted fact that the Tribunal has been constituted as per the Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008, to adjudicate disputes relating to works contracts to which the State Government or a public undertaking is a party and to provide for matters connected therewith. The word “dispute” is defined under Section 2(e) of the said Act as follows:
"Dispute" means any difference relating to any claim arising out of the execution or non-execution of the whole or part of a contract for works or services or both including the rescinding thereof.
This Court is of the considerable view that as per the directions of this Court in CWJC No. 19833 of 2014 dated 08.01.2015, the petitioner, if at all aggrieved by any such deduction from his final bill, he has to approach the Arbitral Tribunal for redressal of his remaining grievances. Instead of approaching the Arbitral Tribunal, the present Writ petition has been filed. As there is a specific direction of this Court to the petitioner to approach the Arbitral Tribunal in respect of the same set of facts, the present Writ petition is not maintainable. Therefore, the petitioner is required to comply with the order of this Court dated 08.01.2015 passed in CWJC No. 19833 of 2014.
In view of the aforesaid discussions, the Writ petition is disposed of, directing the petitioner to approach the Arbitral Tribunal within one month from the date of receipt of a copy of this order. In turn, the Tribunal, which was constituted under the Act of 2008, shall adjudicate the matter on merits within three months from the date of filing of such application by the petitioner, in accordance with law, after duly giving an opportunity of hearing to the petitioner.
It is needless to say that the Arbitral Tribunal shall also consider the limitation aspect, as the Writ petition was filed in the year 2019.
Interlocutory Application(s), if any, shall also stand disposed of.