Citation : 2021 Latest Caselaw 3432 Del
Judgement Date : 13 December, 2021
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:14.12.2021 17:41:01
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 13th December, 2021
+ W.P.(C) 2506/2019
ANJANA GOSAIN ..... Petitioner
Through: Ms. Shalini Nair, Advocate along
with Petitioner in person.
versus
GOVERNMENT OF NCT AND ANR. ..... Respondents
Through: Mr. Manashay Jha, Ms. Mahima
Arora, Advocates for Mr. Sameer
Vashisht, ASC, GNCTD (M-
9013980691) with Mr. Sanjay Kumar
Aggarwal, Principal Secretary (Law)
& Mr. Anil Mittal, Scientist (NISIC)
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court. Vide the said order CM Appl. 19643/2021
2. The present matter concerns the outstanding bills of the Petitioner- Ms. Anjana Gosain who is a lawyer, and the non-payment of the outstanding fee by the Respondent.
3. Vide order dated 14th September, 2021, this Court had sought a Status Report as to the eleven pending fee bills of the Petitioner out of which seven were, at that time, stated to be pending with the Revenue Department, GNCTD, and in respect of four bills, the memo was sought by the Authority.
Digitally Signed By:DEVANSHU JOSHI Signing Date:14.12.2021 17:41:01
A direction was issued to the Respondents to process the payments in respect of the eleven pending bills of the Petitioner, within four weeks.
4. Even today, the current position is that sanctions have been issued in respect of the seven memos which are listed at Serial Nos. 3, 4, 5, 7, 8, 9 and 10, as indicated in the Status Report. The Table indicating the status of the pending bills in respect of the Petitioner is extracted below:
Sl Case No. Amoun Department Remarks No. t 1 WPC 4950 Home The Home Department has 5013/2011 sought Undertaking regarding appearance in the Hon'ble Court in the matter of WPC 2013/2011 vide letter dated 24/11/2021 and previous letters 20/09/2021 & its reminder dated 05/10/2021 and 10/09/2021, from the said Ex-Govt. Counsel, but the same is still awaited from her side.
2 LPA 5450 Revenue Payment of Rs.4,950/-vide bill 304/2011 No. CB-967 sent to PAO for the payment of Rs.4455/- on 22/11/2021.
3. WPC 5450 Revenue Sanction order No. F/2021/SR-
2786/2011 IX/DSCW/50009 dated 07/09/2021 for Rs.4950/- has been issued. Bill No. CB-506, UTR No. SBINO300117317028.
4. WPC 4950 Revenue Sanction order No. F/2021/SR-
8247/2011 IX/DSCW/5009 dated 07/09/2021 for Rs.4950/- has been issued. Bill No. CB-506, UTR No. SBINO300117317028 for Rs.4455/-.
5. CM 6200 Revenue Sanction order No.
Digitally Signed By:DEVANSHU JOSHI Signing Date:14.12.2021 17:41:01
1451/2011 F/2890/RB/Div.
Comm./(HQ)/R/2021/6276 dated 06/09/2021 for Rs.4950/- has been issued. Bill sent to PAO-VI fro payment of Rs.4455/- on 12.09.2021 6 WPC 6500 Revenue Bill could not be processed as 2680/2013 the Respondent could not be ascertained yet.
7. WPC 5700 Revenue Sanction Order No.
4430/2013 F.SDM/MT/Professional
Bill/2021/34248-250 dated
08/09/2021 issued for payment
of Rs.4950. Bill has been sent to
PAO for payment made on
13.09.2021.
8. WPC 6500 Revenue Sanction order No.
3630/2014 F.3(405)/ADV.BILL/SDM
(M)/2019/232 dated 07/09/2021
for Rs.4950/- has been issued.
Bill NO. CB-404 has been sent
to PAO for payment of Rs.4455/-
on 09/09/2021.
9. WPC 6500 Revenue Sanction order No.
3530/2014 SDM/DW/Court Fee/2021-
21/50242 dated 07/09/2021
issued for payment of Rs.4950/-
bill No. CB-514, UTR No.
SBINO300117317007 for
Rs.4455/-.
10 WPC 6450 Revenue Sanction order No. F.1/
7443/2014 SDM/PB/089662884/2021/5663
dated 04/09/2021 for Rs.4950/-
bill No. CB-383, UTR No.
SBINO300117085087 for
Rs.4455/-.
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:14.12.2021 17:41:01
5. Let a copy of the Status Report be supplied to Ms. Gosain, so that she can confirm whether she has received the payments qua these bills or not. Insofar as payment qua Serial No. 1 in the Status Report is concerned, it is stated that some clarification, as extracted hereinabove, is awaited from Ms. Gosain. Let Ms. Gosain provide the same, if not already provided by her.
6. Let Ms. Gosain also provide her comments in response to the Table in the Status Report, as extracted hereinabove, by adding an extra column in the Table provided in paragraph 4 of the Status Report. The same is to be presented to the Court on the next date, with an advance copy to the ld. Counsel for the Respondents.
7. Ms. Gosain submits that some bills are not yet reflected in the Status Report. Let the same be communicated to the Principal Secretary (Law), GNCTD, as also to Mr. Sameer Vashisht, ld. ASC for the GNCTD. If by the next date, all the memos of the Petitioner are not cleared, this Court may be compelled to take action for non-compliance of orders and fix responsibility on the specific officers concerned.
8. Insofar as the Single Window System for smooth and seamless payments to the panel counsels is concerned, Mr. Anil Kumar Mittal, Scientist, National Informatics Centre (hereinafter "NIC") and Mr. Sanjay Kumar Aggarwal, Principal Secretary (Law), GNCTD are both present in Court. They have submitted a Chart to show the timeline for the preparation of the software and the final deployment of the same.
9. A perusal of the said Chart shows that the proposal for development of the software is stated to have been approved by the GNCTD. The hiring of the technical manpower for the development of the Online Single
Digitally Signed By:DEVANSHU JOSHI Signing Date:14.12.2021 17:41:01
Window System is also stated to have taken place. Currently, the Functional Requirement Study (FRS) has been prepared and the same has to be studied by the NIC. The approval of the FRS and the system requirement is to be done by the Department of Law, Justice & Legislative Affairs (hereinafter "Dept. of Law"), GNCTD. Thereafter, the software and Graphical User Interface (hereinafter "GUI") designing has to begin. The entire process involving the study and approval of the FRS, preparation of the software, GUI designing, coding, and validation would, as per Mr. Mittal, take approximately 25 to 30 days.
10. Accordingly, list this matter on 17th January, 2022 in order to enable the NIC or the Dept. of Law, GNCTD to produce the software or the GUI design thereof, for the Single Window System which is to be set up, in an electronic form, before this Court.
11. Mr. Anil Kumar Mittal, Scientist (NIC) and Mr. Sanjay Kumar Aggarwal, Principal Secretary (Law), GNCTD are permitted to join the virtual proceedings on the next date.
12. This matter shall be treated as part-heard.
PRATHIBA M. SINGH JUDGE DECEMBER 13, 2021 Rahul/SK/AD
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