Arvind Chand Srivastava vs State Of U.P. And 2 Others
2014 Latest Caselaw 2527 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - A No. - 34053 of 2014
 

 
Petitioner :- Arvind Chand Srivastava
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Siddharth Khare,Ashok Khare
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Sheo Kumar Singh,J.

Hon'ble Rajan Roy,J.

Argument is that charge is of low thickness of the Azamgarh Chhatwara-Deoet Mehnagar Jigani Palhana Mehnazpur link road  which has been found to be 5.2 cm. in place of 7.00 cm.

Submission is that in fact  payment has been made only in respect to the existing rate with the thickness of 5.2 cm. and it is not a case of payment of excess amount for the work done.

It is further submitted that in fact petitioner never made any recommendation in respect to completion of work and it is the Executive Engineer who has ensured the payment.

Work is to be completed by September, 2014, and therefore, whatever the shortfall would be there that will be a matter of completion and otherwise on the spot.

It is further submitted that liability of the petitioner has been stated in the impugend order without any adjudication to the issue that whether the petitioner gave any report in respect to the completed work and whether he was party in respect to payment.

Matter certainly needs to be inquired in which petitioner undertakes to cooperate.

Notices meant for respondents have been accepted by learned Chief Standing Counsel.

Counter affidavit may be filed on or before the next date.

List this matter after six weeks.

On the facts, this court directs that till next date of listing operation of the impugned order of suspension against the petitioner shall remain stayed. Petitioner is to cooperate in the inquiry which is to be completed within shortest possible time.

Order Date :- 4.7.2014

M.A.A.

( Rajan Roy, J.) ( S.K. Singh, J. )