The Bombay HC on Monday came down heavily on three PWD bureaucrats for creating "false & incorrect court record" during President's rule in Maharashtra last November to give an impression that consent terms to pay a contractor over 350 crore had been directed by the court. Consent terms are arrived at mutually by parties to settle a dispute.
The court was hearing a contempt petition by a road works contractor to get the state to execute an order to pay Rs 358 crore due to him. On Nov 25, 2019, the court had adjourned the hearing to Dec 2 after it was told that the parties —the PWD & the contractor —were exploring a settlement.
However, a fortnight ago, three PWD officials filed affidavits suggesting the High Court had directed that consent terms be filed.
Justice Girish Kulkarni said it is “shocking” that in similarly-worded affidavits, PWD additional chief secretary Manoj Saunik, secretary C P Joshi & secretary (works) Ajit Sagne had stated that the High Court had directed consent terms be filed by Dec 2, 2019 & observed that it was in the public interest to settle the claim. “No court can do this,” Justice Kulkarni said.
There’s a limit to a lie, says High Court in PWD case
We are least bothered if parties settle or don’t settle. There is a limit to which persons can lie. That too responsible govt officers,” Justice Kulkarni said. The contractor, Manaj Tollway Pvt Ltd, was given a contract in Oct 2011 for four-laning & improvements of two state highways near Pune. Following disputes, the matter went for arbitration & is in further litigation in High Court, with the contractor claiming that the state owes him Rs358 crore.
The judge said the affidavits are contrary to record & “these parties are actually indulging in creating a false record of the court. This has to be taken to its logical conclusion, more so considering that they are all public servants.” The judge sought an explanation of who had instructed them to make these statements.
Justice Kulkarni said while the Nov 25, 2019 order was incorrectly represented by the three officers, there was something else happening at the level of the state govt. “The cat was out of the bag,” he added, referring to the affidavit of Dhananjay Deshpande, executive engineer (PWD south division), which correctly stated that the govt on Nov 29, 2019 had directed him to sign & file the mutually-agreed consent terms in the High Court. “All this would clearly indicate that an incorrect record is sought to be created by the deponents (officers) of the said affidavits,” the judge noted in his order.
Justice Kulkarni said it is with “deep anguish & pain that the averments are noted by court” & if the statements had gone unnoticed, “it would haven't only amounted to maintaining & permitting false record to be created, but also would amount to putting a premium on the dishonesty” of officers. The court said the acts of officers prima facie amounted to “perjury” & it would “very difficult in these circumstances” to “show any laxity” to them.
Advocates for Saunik, Joshi & Sagne said their clients will file affidavits withdrawing the objectionable paragraphs & correct the court record. They also said they will tender an unconditional apology. Based on their explanation, the court said it will consider “whether to accept such an apology or not & as to what appropriate order can be passed.”
Source Link
