Jharkhand High Court
M/S Dinesh & Company Through Its Partner ... vs Jharkhand Education Project Council ... on 1 December, 2023
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 5568 of 2014
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M/s Dinesh & Company through its Partner Vinesh
Kumar Jian, son of Sripal Jain, Resident of 2A, Jain
Colony, P.O. & P.S. Jalandhar, District-Jalandhar
(Punjab).
... ... Petitioner
Versus
1. Jharkhand Education Project Council through its
State Project Director, New Cooperative Building,
Shyamli Colony, Doranda, P.O. & P.S. Doranda,
District-Ranchi.
2. Administrative Officer, Jharkhand Education Project
Council, New Cooperative Building, Shyamli Colony,
Doranda, P.O. & P.S. Doranda, District-Ranchi.
3. Union of India through Principal Secretary, Ministry
of Human Resource Development, Govt. of India, New
Delhi.
4. State of Jharkhand through the Secretary,
Department of School Education and Literacy, Govt.
of Jharkhand, Ranchi.
... ... Respondents
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
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For the Petitioner : Mr. Nitin Kr. Pasari, Advocate
Ms. Sidhi Jalan, Advocate
Mr. Rishav Raj, Advocate
Mr. Gautam Kamlesh, Adv.
For the Resp.-JEPC : Mr. Krishna Murari, Advoate
For the Resp.-State : Mr. Mohan Kr. Dubey, AC to AG
For the UOI : Mr. Anil Kumar, Asst. S.G.I.
Mr. Ravi Prakash, C.G.C.
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ORAL ORDER
20/Dated: 01st December, 2023.
1. At the outset, it has been submitted on behalf of parties that some correction is required to be done in 1 st and 3rd paragraph of order dated 3rd May, 2023 wherein instead of impleading 'Secretary, Department of School Education and Literacy, Govt. of Jharkhand' as party- respondent the 'Principal Accountant General (Audit), 2 Jharkhand' has been directed to be impleaded as party- respondent and accordingly in compliance of order passed by this Court necessary correction has been done in the cause title of writ petition.
2. This Court, considering the submissions advanced by learned counsel for the parties, is of the view that necessary correction is required to be carried in 1st and 3rd paragraph of order dated 3rd May, 2023.
3. In view thereof, the Secretary, Department of School Education and Literacy, Govt. of Jharkhand' is directed to be impleaded as party-respondent in place of 'Principal Accountant General (Audit), Jharkhand'.
4. Order dated 3rd May, 2023 is modified to that extent only and remaining part of the order shall remain intact.
5. Learned counsel for the petitioner has sought for leave of this Court to make necessary correction in the cause title of writ petition by deleting respondent no. 4 and in place thereof insert the Secretary, Department of School Education and Literacy, Govt. of Jharkhand' along with its address in the cause title.
6. Let necessary correction be carried in cause title in course of day.
7. The instant writ petition is under Article 226 of the Constitution of India, whereby and whereunder, the following direction(s) has been sought for: 3
"(i) For issuance of an appropriate writ(s)/order(s)/direction(s) or a writ in nature of Mandamus commanding upon the respondents to release the admitted dues/amount in favour of the petitioner pursuant to the printing/supplying of the text books under Sarva Shiksha Abhiyan (SSA) for academic session 2013-14 done under the agreement executed between the petitioner and the respondent under section IX of the bid document along with the interest under the provision of clause 15, 16 and 17 of the Micro Small and Medium Enterprises Development Act, 2006."
8. The brief facts of the case as per the pleading made in the writ petition which requires to be enumerated herein, read as under:
9. The Jharkhand Education Project Council advertised notice inviting tender from the printers/suppliers for submission of their quotation for printing and supplying of the text books for distribution among all the groups of children right from Class-1 to Class-8. The writ petitioner, in pursuance of the said advertisement, submitted its tender on 22.09.2012 and on bidding, the writ petitioner was found successful. Thereafter, the writ petitioner executed agreement in a contract form, on 25.09.2012 with the Jharkhand Education Project Council. The writ petitioner was given the contract for printing and supply of books for the sum of Rs.7,56,30,923.46. Thereafter, work order was also issued to the writ petitioner on 25.09.2012. The wit petitioner was also paid 30% of the total contract amount. After completion of the work, the writ petitioner submitted bill/invoice on 22.02.2013 for the entire 4 books printed and supplied at different centres along with receipts obtained from the authority of the different centre but the remaining amount was not disbursed in favour of the writ petitioner. Thereafter, the writ petitioner represented before the authority concerned but the said amount was not disbursed. Aggrieved thereof, the writ petitioner filed the instant writ petition.
10. It is evident from the factual aspect as pleaded and referred hereinabove that the writ petitioner, in terms of the notice inviting tender, has been declared to be successful bidder for printing and supply of books for the students. The writ petitioner, in terms of the work order having been issued, has entered into an agreement for printing and supplying of the books for the sum of Rs.7,56,30,923.46. According to the writ petitioner, the work was been commenced and completed but even in spite of the submission of the bill, the amount has not been disbursed.
11. It has been contended that as per the scheme under which the printing work was allotted, it is under the Sarva Shiksha Abhiyan (SSA) now known as Integrated (Samagra) Shiksha Abhiyan wherein the State is to aid 40% whereas Centre is to aid 60% but the amount having not been paid, hence, the instant writ petition.
12. Counter affidavit has been filed on behalf of the State as well as the Council, i.e., Jharkhand Education 5 Project Council as has been constituted under the framework of the scheme. The State took plea that certain irregularities has been committed in disbursement of the work as would appear from the stand inter alia taken in the counter affidavit.
13. Learned counsel for the petitioner has submitted that a similar issue fell for consideration before this Court in W.P. (C) No. 877 of 2015 and W.P.(C) No. 151 of 2015 wherein the order has been passed initially directing the State to make payment of the entire amount in favour of the writ petitioner as would appear from the order passed on initial occasion dated 18.03.2016.
14. The JEPC and the State both preferred letters patent appeal being L.P.A. No. 600 of 2017 and L.P.A. No. 03 of 2019 against the order passed in W.P.(C) No. 151 of 2015. The Division Bench of this Court has disposed of the appeal by remitting the matter before the learned Single Judge so far as it relates to the accountability of the Central Government and the State Government as per the scheme of the Sarva Shiksha Abhiyan.
15. On remand of the issue by the Division Bench, this Court vide order dated 03.03.2023 passed in W.P.(C) No. 151 of 2015 has answered the reference by discarding the ground taken by the Central Government in not releasing the 60% of its share with a direction 6 upon the Central Government to release the 60% of its share as per the SSA Scheme.
16. Learned counsel for the petitioner has submitted that since the issue has already been decided by directing the Central Government to release its share to the extent of 60% as per the order dated 03.03.2023 passed in W.P.(C) No. 151 of 2015 and as per order dated 06.10.2023 passed in W.P.(C) No. 877 of 2014, hence, the same is the issue involved herein, as such, the instant writ petition may also be disposed of in terms of the said order directing the respondents to release rest of the amount.
17. Learned counsel for the State is fair enough to submit that the issue has already been decided in W.P.(C) No. 151 of 2015 and W.P.(C) No. 877 of 2014, as such, the Central Government through its Ministry is to release 60% of its share.
18. Learned counsel for the JEPC, on instructions, has submitted that the Central Government has issued the sanction order for payment of the principal amount from the budgetary allocation of 2023-24.
19. This Court has heard the learned counsel for the parties, gone through the factual aspect involved in the instant case as also the order passed by this Court in W.P.(C) No. 151 of 2015 and W.P.(C) No. 877 of 2014. 7
20. Since learned counsel for the respondents, both State and JEPC, at bar have admitted that the issue involved is squarely covered with the issue which was the subject matter of W.P.(C) No. 151 of 2015, hence, this Court is of the view that the writ petition is to be disposed of in terms of the said order since the similar issue has already been decided and as per the submission made on behalf of the JEPC that the sanction order has already been issued by the concerned Ministry of Union of India so far as its share is concerned of 60% of the total amount.
21. This Court, taking into consideration the aforesaid fact, is hereby disposing of the writ petition with a direction upon the respondents to release the rest of the amount within a period of six weeks from the date of receipt/production of copy of this order.
22. So far as the interest amount is concerned, this Court by taking into consideration the fact that this Court in W.P.(C) No. 151 of 2015 has also directed to make payment of the dues amount with interest @ 6%, hence, it would also be desirable for this Court to pass the order for disbursement of the amount along with the interest @ 6% since it is the joint liability of the Central Government and the State, as such, both the State and the Central Government will carry its liability and 8 release the amount in favour of the JEPC so that it be transmitted in favour of the writ petitioner.
23. Accordingly, the instant writ petition stands disposed of with the aforesaid observation and direction.
24. Pending interlocutory application(s), if any, also stands disposed of.
(Sujit Narayan Prasad, J.) Alankar/-