- (1.) HEARD Mr. Rajiv Ranjan, learned counsel appearing for the petitioner and Mr. Apresh Kumar Singh, learned counsel appearing for O.P. No. 2.
(2.) THE petitioner has filed this petition for initiating a proceeding for contempt of Court against O.P. No.2 for willful and deliberate disobedience of the order/direction passed by this Court on 11/01/2001 in C.W.J.C. No. 308/1999 (R), contained in Annexure -5 to this petition. As it appears that the petitioner had filed the above mentioned writ petition before this Court for direction to the respondent State to make payment of his legal dues which arose against the contract work done by him pursuant to an agreement reached between the parties. The said writ petition was disposed of on 11/01/2001 by order as contained in Annexure -5 by observing that the matter relates to money claim arising out of agreement reached between the parties and, therefore, this Court was not inclined to decide the issue under Article 226 of the Constitution of India. However, the petitioner was given liberty to move before the Secretary, Water Resources Department for payment of admitted dues by filing an application and the Secretary was directed to make enquiry into the matter, and if necessary, he may constitute a committee for that purpose and, therefore, to pass a reasoned order within a period of six months from the date of receipt of such representation. It was also observed in the order that if any amount is found payable, the respondents shall pay the same within a month from the date of decision and if any amount is disputed the petitioner may challenge the same before the appropriate forum and/or move before the civil court of competent jurisdiction/arbitrator.
(3.) THE grievance of the petitioner is that pursuant to the order and direction of this Court, the O.P. No.2, the Secretary, Department of Water Resources though passed an order on 14/03/2002 but the same was after the expiry of the period granted by this Court, i.e. after six months and that the order was not in the letter and spirit of the order of this Court passed in the said writ petition.;