Whether contempt can be filed
gopinathan
(Querist) 11 February 2016
This query is : Resolved
Honble Madras HC in a WP ordered interim injunction on 30/10/2015 for not to pay road work bill amount of Rs.5.5 lakhsto a contractor until further orders.
Meanwhile the head of office BDO uploaded a data on the govt department website that the work was completed and paid 5.5 lakhs in voucher No.9 dt.12.1.2016 throuogh his login.
But actually that bill was not paid. He done for administrative target.
Now in this circumstances whether i can file contempt petition against BDO and district collector(respondents)
Devajyoti Barman
(Expert) 11 February 2016
First place demand notice to the authority claiming compliance of order.
If within time directed by court the order is not complied with contempt application will lie.
rajagopal.s
(Expert) 12 February 2016
Hi
The interim injunction is for not to pay as well as not to initiate any steps to make payment.
Though the BDO may claim that he has passed the bill for administrative reasons, but has not made payment as per High court instructions, still it is contempt of court as the book of accounts of government will show pending dues against contractor and not as unfinished works. The court order is for the reason that the work is unfinished or does not qualify for payment where as the BDO has technically moved the papers as if the government is happy with the contractor and ready to pay. technically the BDO has fabricated the status as if the Contractor is now a creditor to the government which is not the case. You should move for contempt of court
Rajendra K Goyal
(Expert) 12 February 2016
All the documents and court orders need to be referred. Get the information from BDO office through RTI also.
gopinathan
(Querist) 13 February 2016
Mr.Experts, if i proceed contempt of court against collector, what will be admn headache should i meet
Guest
(Expert) 13 February 2016
Dear Gopinath,
When you are the BDO, against which BDO you want want to file a contempt petition?
Further, when bill has not yet been paid, as you have already admitted, "actually that bill was not paid," how you consider that as a case of contempt?
Please note passing of a bill and payment of a bill are two different activities. You have not stated anywhere that passing of the bill was also debarred by the injunction. All other formalities required in passing of the bill, other than payment, cannot be treated as stayed, if not specified in the injunction.
Contempt would have become due only if the bill would have been paid.
However, final opinion can be arrived at only after examination and analysis of the language of injunction order.
Guest
(Expert) 13 February 2016
Reply to your subsequent query, "if i proceed contempt of court against collector, what will be admn headache should i meet," does not become due without your clarifiction to my points.
gopinathan
(Querist) 13 February 2016
Mr.Dhingra Expert sir.
I intend to proceed against Mysuccessor(BDO) and collector.
As already explained BDO in his login reported to govt that bill was paid through a voucher.This has been highlighted in departmental website. This means he has given wrong statement or information to govt.Is it not an offense?
HC ordered collector to preserve the tender file to his personal custody. So without keeping file how can this BDO pass the bill. Kindly clarify
Guest
(Expert) 13 February 2016
Dear Gopinath,
Several quetions can arise out of your partial information broken in pieces. For instance, what was the date of injunction order, what was the date of payment shown by the BDO, whether the bill has actually been paid or not. if payment has been shown on some past date, what that date is shown, whether accounts records have been fabricated to show the payment, what is the mode of payment, whether cash or cheque, if by cash, why paid by cash, etc.?
However, if you have the proof of payment after the date of injunction, only then contempt would be justified, otherwise not.
There is a great difference in physical payment with date of charging in the cahbook/ contractor ledger/ other accounts records, and merely making a misleading statement.
However, you may proceed, if you really have some solid proof of payment, not the misleading statement.
gopinathan
(Querist) 13 February 2016
I answer as follows:
1)DO inj. 30/10/2015
2)DOP furnished to govt as expenditure 5.5 lakhs, voucher No.21 date of payment31/12/2015
3)In office books of accounts cheque not raised. But reported to govt as expenditure done (ie BDO has given false statement to govt on record)
4) proof on hand is a web page print out in which all details like Name of work, Work id No. Sanction order, Technical sanction order,whether work completed or not, amouont paid or not. if so details of Vr.No.etc.
Guest
(Expert) 13 February 2016
Mr. Gopinath,
It seems you are bent upon to file a contempt. You may do so, if you are really tempted to do.
But, before, you have the need to differentiate between a bill and a voucher. A bill becomes voucher, when it is really paid and accounted for through cashbook and of the office. When cheque has not been issued, how would you prove the payment to have been nade. Mere false statement of the then BDO cannot be treated as payment.
It seems, you being BDO, do not know that name of the work, work ID No., sanction order, technical sanction, work completion, etc. all are either pre-tender or post tender formalities, but before payment and are the part of bill to be passed and paid, and cannot be treated as proof of payment. Unless cheque is issued and debited to the Government account, payment does not occur.
I would ask a very simple question to you, would you be able to produce counterfoil of the cheque issued on 31.12.2015 or bank a certified copy of the bank account of the contractor showing credit of the amount of the bill?
If the BDO has given a false statement or entered wrong particulars, he can be made liable to disciplinary action, not for making payment, if no cheque has been issued and delivered to the contractor.
Anyway, you are free to try your luck!
gopinathan
(Querist) 14 February 2016
Thanks Mr.Dhingra expert for your continuous clarification. Now i dropped the proceeding.
Guest
(Expert) 14 February 2016
You are welcome.
