Ramnath Singh vs State Of U.P. And 3 Others
2015 Latest Caselaw 2784 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - C No. - 55151 of 2015
 

 
Petitioner :- Ramnath Singh
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Arun Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Arun Tandon,J.

Hon'ble Ashwani Kumar Mishra,J.

Heard learned counsel for the parties.

Petitioner had approached before this Court earlier by means of Writ Petition No. 10866 of 2015 claiming therein that after fulfilling the requisite formalities, the bills in question have been submitted within the time frame provided. The Chief Medical Officer, Mau is sitting tight over the matter. Division Bench of this Court vide order dated 24.2.2015 permitted the petitioner to represent his grievance before the Chief Medical Officer, Mau who was directed to pass a reasoned order.

A Division Bench of this Court in the case of M/s. Prabhu Construction Company through its Proprietor Vs. State of U.P. and Another (Writ Petition No. 25075 of 2014 decided on 5.5.2014) has held that no writ petition, in the matter of payment of contractual money on the plea that the contract has been performed successfully, need be entertained under Article 226 of the Constitution of India. 

We are of the considered opinion that this second petition is wholly misconceived. The Chief Medical Officer was required to pass a reasoned order. In case he has not passed a reasoned order on the claim of the petitioner, the petitioner is at liberty to file a contempt petition.

The writ petition is dismissed with liberty as aforesaid.

Order Date :- 29.9.2015

Ashish Pd.