Patna High Court
M/S. Raghoji House Of Distribution vs The State Of Bihar on 14 September, 2022
Bench: Chief Justice, S. Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13024 of 2022
======================================================
M/s. Raghoji House of Distribution having its registered office at 1st Floor,
House No. 7, Road No. 1, Rajput Nagar, Hajipur Vaishali, through its
Proprietor namely Mr. Akash Kumar Sonu, aged about 39 years, (M), S/o Shri
Kaushalendra Singh, Resident of House No. 7, Road No. 1, Rajput Nagar, P.S.
-Hajipur, District- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar though the Principal Secretary, Agriculture Department,
Government of Bihar, Patna.
2. The Principal Secretary, Agriculture Department, Government of Bihar,
Patna.
3. The Director, Agriculture Department, Government of Bihar, Patna.
4. The District Magistrate (DM), Saran, Chapra.
5. The District Agriculture Officer, Saran, Chapra.
6. The Chairman Cum Joint Director, Sonepur Mela, Saran Division.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pratyush Pratap Singh, Advocate
For the Respondent/s : Mr. Raghwanand, GA-11
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE) Date : 14-09-2022 Heard learned counsel for the parties.
2. Petitioner has prayed for the following relief(s):-
"(i) For issuance of a writ in the nature of Mandamus directing/commanding the concerned respondents to pay the outstanding bill to be exact Rs. 21,67,056/- (TWENTY-
ONE LAKH SIXTY-SEVEN THOUSAND AND FIFTY-SIX) in favour of petitioner firm for the work done in Krishi Pradarshani, Sonepur Mela in the year 2017-18.
Patna High Court CWJC No.13024 of 2022 dt.14-09-2022 2/10
(ii) This Hon'ble Court is further prayed to adjudicate and hold that the payment of the petitioner has been held up by the respondent authorities for no fault on his behalf.
(iii) For any other reliefs to which the petitioner is found entitled to in the facts and circumstances of this case."
3. We notice that large number of writ petitions are being preferred before this Court where despite representations made/claims set out, no action is being taken by the authorities in either deciding the representation(s) or settling the claims of the parties who have undertaken work on the asking of Government Officers/officials or remitting payments in relation thereto. Resultantly, this Court is flooded with such litigation(s).
4. We have come across several petitions where the State has availed the services of private citizens/entities, be it for hiring vehicles for the use at the time of elections/official work; setting up tents and infrastructure at the time of elections or special fairs (Melas), as is the case in hand; or for having executed public works which strictly do not fall within the adjudicatory process of ambit and scope of the provisions of the Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008. Patna High Court CWJC No.13024 of 2022 dt.14-09-2022 3/10
5. We also notice that even in those cases where the parties are governed by the Dispute Resolution Mechanism, provided in terms of the agreement(s) or statutes, parties are forced to litigate endlessly before different legal foras, be it this Court or the statutory Tribunals.
6. We see no reason as to why the respondent State does not apply and take recourse to the mechanism provided under its own policy termed as the "Bihar State Litigation Policy,2011". We also see no reason as to why the respondent State does not resort to the provisions of Section 89 of the Code of Civil Procedure, 1908.
7. Unfortunately, parties are made to run from pillar to post, and as we have noticed, it is only where the officers of the State are interested, be it for whatever reason and consideration, that case of few favoured individuals are settled and issues resolved, leaving the significant majority to litigate.
8. The instant case, in our considered view, is the best example where the officers and the officials of the State are found to have been lacking in adhering to the litigation policy, even worse, responding to the petitioner's request Patna High Court CWJC No.13024 of 2022 dt.14-09-2022 4/10 made in terms of written communications. For the purposes of setting up a stall as part of Krishi Pradarshani, during the Sonepur Mela, petitioner's services were availed. He erected a tent and submitted his bill for which only part payment was released.
9. Petitioner claims the outstanding amount to be Rs.21,67,056. The District Agriculture Officer, Saran, Chapra, the concerned officer, has already forwarded favourably, request for release of the amount, to the higher authorities. This is vide communication dated 17.08.2019. Unfortunately, the superior officers slept over the matter and despite petitioner's repeated request and reminders, and the last one being on 01.07.2022 (Annexure-3), no action stands taken, forcing initiation of current proceedings.
10. The Litigation Policy does state that-
"1.1 (b) Responsible litigant means:
a. That litigation will not be resorted to for the sake of litigating."...
... "1.2 This Policy is also based on the recognition that it is the responsibility of the Government to protect the rights of the citizens, to respect fundamental rights and that those in charge of the conduct of Government lit- igation should never forget these basic principles."
"1.3 The twin underlying objective of this Policy is to reduce pressure on the overloaded judiciary and expedite dispensation of justice..."
Patna High Court CWJC No.13024 of 2022 dt.14-09-2022 5/10 "IV.PREVENTION/CONTROL OF AVOIDABLE LITIGATION A
4.A Setting up Grievance Redressal System
4.A ( 1). Very often the major causes of litigation in- volving the State Government are from arbitrariness in decision making or non application of mind or non-re- sponse/ improper response to representations made by employees, including retired employees/ parties. It is seen that in most cases in respect of service matters the cause of action arises out of relief not being given as per the Rules, Government instructions or policy decisions as are in force. It is also seen that in most cases before the mat- ter reaches the Court the affected party undeservedly spends a lot of his time and effort over redressal of his grievance through normal administrative channels. In this situation all Departments of the State Government shall set up effective Grievance Redressal Committees in order to pre-empt a large number of avoidable litigation.
4.A(2). It shall be mandatory for employees, including those retired, to seek redressal, at the first instance, through this system before approaching the Courts.
4.A(3). A time limit of eight weeks or so may be fixed for deciding such representations.
4.A(4). Such Grievance Redressal Committees shall be set up in each Department at the State Level, District Level and Sub-Divisional Level and each of them shall have a Grievance Cell. All cases and issues at the request of the aggrieved party shall be reviewed to redress gen- uine grievances.
4. A(5) The Department Level Grievance Committee shall be headed by the Principal Secretary/ Secretary of the Department concerned and shall meet once a month to review the efficiency of the Grievance Redressal Sys- tem in the Department. Similarly at the District and Sub- Divisional Level, the Committee shall be headed by the District Magistrate or Sub Divisional Officer, as the case may be. The District Sub Divisional Level Grievance Re- dressal Committees shall meet once every month on the first Tuesday of each month;
if this is a holiday, the Committee will meet on the next working day excluding "Janata ka Darbar" days, i.e., Mondays and Thursdays. Where it is found that certain Government instructions require to be reviewed, it shall refer the same to the State Level Empowered Committee. As seniority matters are a major source of litigations these shall be resolved expeditiously by the Department Patna High Court CWJC No.13024 of 2022 dt.14-09-2022 6/10 and seniority lists should be updated, printed and pub- lished regularly."
"4.B. Quick Action on Representations/ Legal No- tices
4.B(1). A legal notice is intended to alert the State to negotiate a just settlement or at least have the courtesy to tell the potential outsider why the claim is being resisted. Nowadays such notices have become a formality. When such a legal notice is served upon any Department asking for the relief the same should be decided expeditiously in accordance with the prevalent Rules/ Instructions and by a detailed speaking order. Timely response would avoid waste of public money and promote expeditious work in Court in cases which deserve to be attended to."
(Emphasis supplied)
11. Though in relation to a Government employee, but in reference to the Litigation Policy, in LPA No.1322 of 2018 titled as The District Manager, Bihar State Food and Civil Supplies Corporation Ltd. Begusarai v. Anuradha Devi & Ors. disposed of on 01.02.2022, we had issued the following directions:-
"17. We notice that State has formulated a Litigation Policy with the avowed object of not only reducing litigation, saving avoidable cost on unproductive litigation, reducing avoidable load on judiciary with respect to Government induced litigation. This is in tune with the mandate of Article 39-A of the Constitution of India, obligating the State to promote equal justice and provide free legal aid. In fact, by virtue of the clauses of the State Litigation Policy, the State is under an obligation to take steps to reduce litigation, wherever possible. Now, if the employees are not paid their dues within time, obviously, they are left with no remedy but to rush to the Courts.
18. Of late, litigation pertaining to employees of the State has increased more so on account of illegal actions. The action assailed is of mis-governance or avoidable omissions on the part of the Government. Why should the State force an employee/legal heir to Patna High Court CWJC No.13024 of 2022 dt.14-09-2022 7/10 litigate in a case where emoluments, which are undisputed, are not disbursed in time. An employee/legal heir has a constitutional right to receive the same within time, so also State is under a constitutional obligation and duty to disburse it within time.
19. In the light of the aforesaid discussion, we dispose of the appeal in the following manner:-
(a) The present Appeal stands dismissed upholding the the judgment and order dated 25.06.2018 passed by a learned Single Judge of this Court in CWJC No.11609 of 2014 titled as Anuradha Devi Versus The State of Bihar & Ors.
(b) The appellant shall positively pay the entire amount in terms of the impugned judgment to the writ petitioner, namely Anuradha Devi, within a period of three weeks from today, failing which she shall be entitled to interest @ 12% per annum. Appellant shall ensure the same, else the amount of interest shall be recovered from his salary. Affidavit of compliance shall be filed within two months from today.
(c) Joint Registrar (List) shall ensure supply copy of this order to all concerned. For compliance, matter be placed before the Court on 05.05.2022.
(d) The Chief Secretary to the Government of Bihar, shall ensure providing a mechanism, enabling the employees to vent out their grievances of non-
disbursement of due and admissible wages/salaries/emoluments. One such mechanism being of setting up a 'Web Portal' at the level of the Principal Secretary/ Secretary of the concerned Department(s), where the employees can lodge their grievances/complaints. Such grievances/ complaints shall be processed and adequately responded to within a period of reasonable period. This would facilitate speedy redressal of genuine grievances and prevent unnecessary litigation, clogging the wheels of administration of justice. Such endeavour shall only be in the spirit of Litigation Policy, framed by the State Government. We see great advantage in the use of information and technology. Not only it would result into effective and efficient redressal of grievances, if any, but also improve efficiency in the affairs of governance of the State, further instilling confidence Patna High Court CWJC No.13024 of 2022 dt.14-09-2022 8/10 and trust amongst the employees.
(e) Non disbursement of monetary benefits, except in the event of the dictum of law would entail consequences of recovery of the amount of interest from the delinquent officer incharge for such disbursement."
(Emphasis supplied)
12. In this view of the matter, we are constrained to dispose of the present petition with the following direction(s):-
(a) The Chief Secretary, Government of Bihar, shall issue appropriate directions to the heads of all the concerned departments ensuring expeditious, consideration of the claims/counter claims set up by the parties, including that of the State; disposal of requests/representations;
and disbursement of money undisputedly found due and payable;
(b) The person empowered and authorized to take such a decision be directed to have the needful done within a reasonable period which normally, unless the laws otherwise prescribes, should not be more than six months from the date of receipt of such claim;
Patna High Court CWJC No.13024 of 2022 dt.14-09-2022 9/10
(c) In the event of the authority concerned sitting over the matter or not taking any action, appropriate action be taken/proceedings initiated against such person;
(d) In so far as the instant case is concerned, Respondent No. 2, namely, the Principal Secretary, Agriculture Department, Government of Bihar, Patna, is directed to have the petitioner's case examined and ensure early decision and disbursement of petitioner's legitimate dues payable under the work order. This, positively be done within a period of two months from today.
13. We may clarify that in the instant case, we have not adjudicated the claims on merits and leave it open for the authority concerned to take a decision in accordance with law.
14. The instant petition stands disposed of in the aforesaid terms.
15. Interlocutory Application(s), if any, shall stand disposed of.
Patna High Court CWJC No.13024 of 2022 dt.14-09-2022 10/10
16. Learned counsel for the respondents undertakes to communicate the order to the Chief Secretary, Government of Bihar as also Respondent No. 2, namely the Principal Secretary, Agriculture Department, Government of Bihar, Patna.
(Sanjay Karol, CJ)
(S. Kumar, J)
Amrendra/PKP
AFR/NAFR AFR
CAV DATE
Uploading Date
Transmission Date