Patna High Court
Prem Prakash Pandey vs The State Of Bihar on 15 December, 2022
Bench: Chief Justice, Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21668 of 2019
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Prem Prakash Pandey Son of Radhakrishna Pandey, Resident of Village-
Laxmipur, Police Station- Mohania, District- kaimur, presently residing at
277/C, Gourakshan, Sasaram, Police Station- Sasaram, District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, HRD Department, Bihar,
Patna.
2. The Civil Works Manager (Incharge), Bihar Education Project Council,
Bihar, Patna.
3. The District Officer, Kaimur at Bhabua.
4. The Executive Engineer, Bihar Education, Project, SSA, Patna.
5. The Assistant Engineer, Bihar Education Project, SSA, Patna.
6. The Junior Engineer, Bihar Education Project, SSA, Patna.
7. The District Planning Officer-cum-Nodal Officer, Education Department,
Kaimur.
8. The District Education Officer, Kaimur.
9. The District Programme Officer, Elementary Education and Serva Siksha
Abhiyan, Kaimur at Bhabua.
10. The State Project Director, Bihar Education Project Council, Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Kamlesh Kumar Pathak, Advocate
For the Respondent/s : Mr.Madhaw Pd. Yadaw (GP 23)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 15-12-2022
Petitioner has prayed for following relief (s) : -
"I. For direction to the Respondent
authorities to revise and approve the
estimated cost technically for
construction of Building of Kasturba
Gandhi Awasiya Balika Vidyalaya,
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Sakari, Kudra as per effective Schedule
rate existing in the year 2013-15 in place
of technically sanctioned estimated cost
Rs. 44, 10,000/ based on S.O.R. effective
from15.06.2011.
II. For direction to the Respondent
authorities to revise and prepare the M.B.
of construction of Building of Kasturba
Gandhi Awasiya Balika Vidyalay, Sakari,
Kudra of District- Kaimur as per the
actual cost incurred by the petitioner in
its completion for total cost of work done
Rs. 44,670.18/- excluding the cost of
contingency, VAT and other surcharges
whereas the earlier M.B. has been
prepared mechanically for Rs.
39,89,667.55 (including all the charges)
behind the back of the petitioner.
II. For direction to the Respondent
authorities to pay the remaining
outstanding dues Rs. 5,32,023/- out of
total Rupees 44,67,018 alongwith other
surcharges to the petitioner for the
assigned works as has already been
carried out and completed in the year
2015.
IV. For any other relief/reliefs as your
Lordships may deem fit and proper in the
background of existing facts and
circumstances of the case and as well
taking into account the mental agony and
physical harassment suffered by the
petitioner due approach of the
Respondent authorities."
Learned counsel for the petitioner prays that the
instant petition be disposed of exactly in the same terms as
contained in judgment dated 14.09.2022 passed by this Court in
Civil Writ Jurisdiction Case No.13024 of 2022, titled as M/s.
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Raghoji House of Distribution Vs. The State of Bihar & Ors.
No objection to such prayer being allowed.
In the instant case, petitioner prays for direction to
the authorities to pay the remaining outstanding dues of
Rs.5,32,023/- out of total Rs.44,67,018/- along with other
surcharges to the petitioner for the assigned work as has already
been carried out and completed in the year 2015.
There is no response to the petitioner's request.
The dispute still survives and petitioner's request for
clearance of dues remains pending.
Well, without going into the merits of the issues, on
all counts, the dispute could have been resolved in terms of the
Bihar State Litigation Policy, 2011.
In M/s. Raghoji House of Distribution (Supra), We
had passed the following observations and directions:-
"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.
Patna High Court CWJC No.21668 of 2019 dt.15-12-2022
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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 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
litigation 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..."
"IV.PREVENTION/CONTROL OF AVOIDABLE
LITIGATION
A
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4.A Setting up Grievance Redressal System
4.A ( 1). Very often the major causes of litigation
involving the State Government are from arbitrariness in
decision making or non application of mind or non-
response/ 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
matter 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
genuine 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
System 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 Redressal 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 and seniority
lists should be updated, printed and published regularly."
"4.B. Quick Action on Representations/ Legal
Notices
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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
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
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dispose of the appeal in the following manner:-
(a) The present Appeal stands dismissed
upholding the the judgment and order dated
25.06.2018passed 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 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) Patna High Court CWJC No.21668 of 2019 dt.15-12-2022 8/11
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;
(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."
Patna High Court CWJC No.21668 of 2019 dt.15-12-2022 9/11 As mutually agreed, the instant petition stands disposed of in terms of judgment passed by this Court in M/s.
Raghoji House of Distribution (Supra) and the directions contained therein shall also govern the instant case mutatis mutandi, to the extent possible.
In so far as the instant case is concerned,
(i) Respondent No.9, namely, the District Programme Officer, Elementary Education and Sarv Shiksha Abhiyan, Kaimur at Bhabua, is directed to have the petitioner's case examined and ensure early decision and disbursement of petitioner's legitimate dues payable, if any, under the scheme, as also consideration of all claims. This, positively be done within a period of two months from today, failing which costs of Rs.5,000/- shall be paid to the petitioner to be recovered from the personal salary of the officer concerned.
(ii) Respondent No.10, namely, the State Project Director, Bihar Education Project Council, Bihar, Patna, shall ensure putting in place effective mechanism for grievance redressal. This must also be done on a digital platform. Also the general public be informed of availability and functioning of such mechanism.
(iii) Failure would result into initiation of proceedings Patna High Court CWJC No.21668 of 2019 dt.15-12-2022 10/11 for having deliberately violated the order and consequential action of stoppage of salary of the concerned officer.
(iv) All issues, on merit, facts and law, are left open to be decided by the decision making authority. However, such decision has to be in compliance of all principles of natural justice.
(v) Liberty reserved to the parties to initiate a fresh action, should the need so arise.
(vi) The Respondent No.9, namely, the District Programme Officer, Elementary Education and Sarv Shiksha Abhiyan, Kaimur at Bhabua, shall file an affidavit of compliance of the order within a period of three months from today and on failure, Registry shall place the file on the judicial side.
(vii) Sri Girijish Kumar, learned counsel appearing for the Bihar Education Project Council, undertakes to immediately communicate a copy of this order, both to Respondent N No.10, namely, the State Project Director, Bihar Education Project Council, Bihar, Patna and respondent No.9, namely, the District Programme Officer, Elementary Education and Sarv Shiksha Abhiyan, Kaimur at Bhabua. This he shall do by all modes.
Patna High Court CWJC No.21668 of 2019 dt.15-12-2022 11/11 Writ petition stands disposed of with the aforesaid observations and directions.
Interlocutory Application(s), if any, shall stand disposed of.
(Sanjay Karol, CJ) ( Partha Sarthy, J) KC Jha/chn AFR/NAFR CAV DATE Uploading Date 20.12.2022 Transmission Date