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Judgment
Heard Mr. S. Upadhaya, the learned counsel appearing on behalf of the Petitioner and Mr. K. Gogoi, the learned Additional Senior Government Advocate appearing on behalf of the Respondents.
The case of the Petitioner herein is that the Petitioner is aggrieved by the inaction on the part of the Respondent Authorities in not making payment of the amount to which the Petitioner is entitled to.
The Petitioner herein is a registered contractor under the Respondent Authorities. Pursuant to the mutual agreements between the parties and the demands made by the Respondent Authorities, the Petitioner supplied stationery, electrical and other miscellaneous goods to the Respondents. It is stated that earlier, funds were allocated as per the monthly ceiling demand submitted to the Assam Police Headquarters for payment of the bills. However, subsequently, certain changes were made in the process of supply and payment. On such grounds, the Respondents issued various Orders, such as Order No. GLP/Acctts/2018/290; Order No. GLP/Acctts/2018/291; Order No. GLP/Acctts/2018/292; Order No. GLP/Acctts/2018/293; Order No. GLP/Acctts/2018/298; Order No. GLP/Acctts/2018/282 and Order No. GLP/Acctts/2018/283, all dated 12.02.2018, to adjust the bills of the Petitioner. In that regard, the Superintendent of Police, Goalpara (Assam), i.e. the Respondent No.7 issued a communication vide Memo No. GLP/Acctts/2020/131 dated 20.01.2020 along with a Detailed Report to the Assistant Inspector General of Police (A), Assam, i.e., the Respondent No.6 stating the reasons for the delay in sending the proposal. However, the Respondent No.7 approved all the bills of the Petitioner and forwarded the same to the higher authorities for payment. The Petitioner had submitted his bills amounting to Rs.23,18,780/-. It is further stated that despite the clarification and approval of the bills of the Petitioner, the Respondents have failed to make payment of the bill amount of Rs.23,18,780/- to the Petitioner till date.
The learned counsel appearing on behalf of the Petitioner submitted that the Petitioner has been pursuing the matter diligently with the Respondents. However, the Respondent Authorities have not shown any interest in making payment of the amount of Rs.23,18,780/- due to the Petitioner thereby causing hardship to the Petitioner. The learned counsel for the Petitioner further submitted that the Respondent Authorities have failed to discharge their duty in accordance with law thereby causing prejudice to the Petitioner. Being aggrieved, the Petitioner has approached this Court under Article 226 of the Constitution.
Mr. K. Gogoi, the learned Additional Senior Government Advocate appearing on behalf of the Respondents submitted that there is no denial of the fact that the Petitioner supplied stationery, electrical and other miscellaneous goods to the Respondents. He, however, submitted that the entitlement of the Petitioner would depend upon verification to be carried out by the Respondent Authorities.
Upon perusal of the materials on record, this Court is of the opinion that, if the Petitioner had supplied stationery, electrical and other miscellaneous goods to the Respondents, the Petitioner would be entitled to the amount as claimed for. However, verification by the Respondent Authorities would be required for the same.
This Court therefore disposes of the instant writ petition with the following observations and directions:-
The Respondent Authorities shall verify as to whether the Petitioner had supplied the materials in terms with the supply orders issued by the Respondent Authorities.
The Respondent Authorities shall also verify as to whether the Petitioner had submitted the requisite documents which are required for the purpose of releasing the amount due as claimed by the Petitioner.
The Respondent Authorities shall also verify the entitlement of the Petitioner to the dues, and if upon verification in the manner stated above, it is found that the Petitioner is entitled to any such amount, the Respondent Authorities shall pay the same to the Petitioner.
The above exercise be completed within a period of 6 (six) months from the date a certified copy of the instant order is served upon the Respondent No.3, i.e. the Director General of Police, Assam Police Headquarter, Ulubari, Guwahati.