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Judgment
R.K. Merathia
This contempt case has been filed alleging non compliance of the order dated 01.03.2011, passed in WPC No. 401 of 2011. Counsel for the State, referring to the show cause filed on behalf of O.P. No. 2, submitted that order has been complied as petitioner has been communicated the reasons for not paying the claim.
On the other hand, Mr. Mehta, learned counsel for the petitioner, submitted that as per the counter affidavit, vigilance enquiry is going on and therefore payment is not being made. He further submitted that even as per the letter dated 12th November, 2011, at the best the respondents can withhold payment against Badminton items/weightlifting items. He further submitted that suspicion of opposite party no. 2 is not correct as orders were placed to the petitioner by the committee after examining everything.
Counsel for the State pointed out that apart from the said items, it has also been stated in the said letter that investigation is going on, on other aspects also.
It appears that writ petition was disposed of without counter affidavit or instruction on behalf of the State. Therefore, it was observed that if petitioner is entitled to receive any amount, order should be passed in that regard but if the claim/part of it raised by the petitioner is not payable, reasons thereof should be communicated to it. It was also observed that this Court had not gone into the merits of the claim of the petitioner.
According to the respondents, enquiry is going on with regard to claim of the petitioner and others and till the same is completed, and it is found that petitioner is entitled to receive payment, the payment cannot be made. Thus, there is some explanation offered on behalf of opposite party no. 2 for not paying the claims for the petitioner. This Court cannot go into disputed claim of money either under writ jurisdiction or under contempt case arising from it.
Accordingly, this contempt case is dropped. It is expected that Vigilance Enquiry said to be going on will be completed at an early date.