PATNA, India, Oct. 28 -- Patna High Court issued the following judgment on Oct. 7:
Heard the learned counsel for the parties.
2. This writ petition has been filed for the following relief(s):-
"i) For issuance of a writ in the nature of mandamus directing and commanding the respondents authority to pay Rs. 9,16,020.20 (Nine Lakh Sixteen Thousand Twenty and Twenty Paise) of Supplied Laboratory Material dated 25.05.2021 vide invoice bill no. 03 & 05 and dated 25.05.2021 vide invoice bill no. 08 and dated 08.06.2021 vide Invoice Bill No. 09 by the petitioner to the Govt. Medical College, Bettiah against the supply order vide letter No. 639 dated 24.04.2021 and supply order vide letter No. 666 dated 01.05.2021 respectively.
ii) For issuance of inappropriate writ/writs, order/orders, direction/directions to pay the aforesaid amount with appropriate rate of interest on with hold amount till the date of payment. iii) To grant any other relief/reliefs, direction/directions, order/orders for which the petitioner is entitled under facts and circumstances of the case as well as on law."
3. It is the case of the petitioner that during Covid- 19 Pandemic the petitioner was directed to supply the necessary laboratory material to the Government Medical College, Bettiah, District- West Champaran. Thereafter the petitioner has submitted the invoice bills pertaining to the above supply however the authorities are yet to make payment for the material supplied by the petitioner. Learned counsel has submitted that though the petitioner has been running from pillar to post for the payment of the above amounts, the authorities have till date not taken any steps to pay the same. Learned counsel for the petitioner has, therefore, prayed this Hon'ble Court to allow the present writ petition and direct the respondent authorities to make the necessary payments of the bills for which supplies have already been made.
4. In the counter affidavit filed by the Respondent No. 4 i.e. the Professor and Head of the Biochemistry Department, Govt. Medical College, Bettiah, the fact that the petitioner has supplied the necessary laboratory material and also the necessary kits has not been denied. As a matter of fact, the respondents have stated that the four vouchers of the petitioner for the financial year 2021- 22 reveals that they have been signed and stamped by the then Incharge of the store and Bursar of account section. The vouchers were signed by the Bill Clerk, Accountant but not signed by the then Principal. That on further enquiry it came to light that these material were supplied during the Covid- 19 pandemic situation and the necessary payments should be made from the allotment of funds meant for the Covid-19 fund only. That on the instructions of the higher officer, the unused amount of Covid-19 fund was returned on 30.08.2023 and therefore the payment against the bills submitted by the petitioner can only be made after fresh allotment of the funds. That a letter to that effect has been sent to the Health Department vide letter no. 560 dated 31.10.2023. Further, it is stated that a fresh reminder letter bearing no. 1233 dated 30.08.2024 has also been sent for allotment of the funds for clearing the pending vouchers. That the authority are yet to receive the allotment. Further in the counter affidavit it is stated as under :
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