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HC seeks personal appearance of CE PWD (R&B) | Non-compliance over release of payments to contractor | | Bivek Mathur
Early Times Report
Jammu, Apr 17: High Court (HC) slapped show-cause notice on Abdul Hamid Sheikh, Chief Engineer PWD (R&B), Jammu for the contempt of court for non-compliance of an order regarding payment of work claims to contractor and directed to appear in person on next hearing. The petitioner Avikash Choudhary had in the year 2010 taken up construction work of Shamshan Ghat in Gadigarh area and despite completion of the work assigned by the PWD (R&B) department; he was not paid the work claims for the work done following which he filed a petition before the High Court of Jammu and Kashmir for justice. As per the High Court judgment order COA (OW) NO.26/2015 in OWP No. 1633/13 in case titled Avikash Choudhary, son of Darshan Lal Choudhary, of Tallab Tillo Janmmu versus respondents Tanveer Jehan (IAS), Commissioner/Secretary to Government of J&K, Public Works Department (R&B), Civil Secretariat Jammu, Abdul Hamid Sheikh, Chief Engineer PWD (R&B), Lok Nirman Bhawan, Panama Chowk Jammu, S .P. Manhas, Superintending Engineer (SE), PWD (R&E), Panama Chowk, Jammu, Mohd Abdullah, Executive Engineer, PWD (R&B), Division-1, Panama Chowk Jammu, Justice Bansi Lal Bhat observed that all the respondents have failed to comply with a previous judgment of the High Court regarding payment of work claims to the contractor (petitioner) Avikash Choudhary which is a subject of contempt of court. The court said that the respondents claimed to have taken steps for implementing the judgment of the court, but it is clear that nothing substantial has been done to comply with the judgment dated 04.07.2014 rendered in 1633/2013 and 22/11/2014, wherein it was passed in CP (OWP) number 145/2014 wherein it was provided that respondents shall make payment of the admitted amount to the petitioner within two months, failing which they will face contempt proceedings. The court judgment also stated that despite the admitted liability respondents failed to comply with the judgment of the court in releasing the payment in favour of the petitioner. "Plea taken by the respondents regarding non-availability of funds has already been brushed aside as being untenable. In view of the same, it is directed that respondents no 2 (Chief Engineer PWD (R&B)) shall appear in person and show cause as why his assets, property and account head shall not be attached to recover the amount payable to the petitioner in terms of the same judgment", the judgment stated. |
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