HARBHAJAN SINGH DHALLA Vs. UNION OF INDIA

JUDGEMENT

(1.) Harbhajan Singh Dhalla, the petitioner herein asserts that he is going from pillear to post to collect Rs. 27,000/- which according to him is due from the Algerian Embassy, he further asserts that this is a case where a little man's small claim is attempted to be thwarted by technical device. He is an Indian National. He had undertaken general maintenance work at the Embassy of Algeria in India and at the residence of the then Ambassador of Algeria in New Delhi in the year 1976. He claims that his rightful dues in respect of the said work runs into more than Rs. 28,500/-. He says that he has been deprived of the same. He states that he is in search of a remedy but the remedy alludes him and his claim remains uninvestigated and undecided.

(2.) The petitioner narrates his story that he had written to all and sundry to extend some help in obtaining his dues but nothing tangible has resulted so far. The petitioner had approached the Ministry of External Affairs for granting permission to sue the Algerian Embassy for recovering his dues. After numerous letters and passage of number of years in the processing of his request, he received a letter from the Ministry of External Affairs dated 26th November, 1983 which is Annexure 'A' to the petition. It states, inter alia. "After due consideration the Government of India regrets that permission to sue the State of Algeria cannot be given on political grounds."

(3.) It may be mentioned that according to the petitioner he had done the jobs of building maintenance, reconditioning and renovation work at the Embassy of Algeria and at the residence of the then Ambassador of Algeria in the year 1976. He completed the work assigned to him and submitted the bills of Rs. 29,000/- which were not settled in toto and he claimed that even the sum of Rs. 11,380/- had not been settled by the Embassy. The balance, according to the petitioner, accumulated to Rs. 27,000/- at the rate of 18% interest. A representation was made to the Ministry of External Affairs. The Ministry delayed action and then allegedly took up the matter with the Algerian Embassy who in turn intimated the Ministry that according to the accounts maintained by the Embassy all bills pertaining to work done by the petitioner had been settled by the Embassy. The Embassy further claimed to have issued a cheque bearing cheque No. 245273 amounting to Rs. 17,500/- in favour of the petitioner on 17th June, 1976 which, according to the Embassy, was encashed by the petitioner the same day. This fact was sought to be corroborated by the State Bank of India with whom enquiries were made by the Ministry of External Affairs. The petitioner, however, claimed that though he received payment against this cheque, he had handed over the amount to the Financial Attache of the Embassy who paid him only Rs. 3,330/-. The petitioner alleged further that when he went to get the remaining amount, the financial attache had pointed a revolver at him and threatened him with dire consequences. (See Annexure 'A' to the affidavit of the petitioner affirmed on 17th March, 1986 p. 31 of the Paper-Book). The petitioner mentioned hereinafter that he had requested the Ministry of External Affairs to grant permission to sue the State of Algeria under S. 86 of the Code of Civil Procedure for realisation of the claim with interest. The petitioner was given a hearing as required under S. 86 of the Code, according to the respondent, on 2nd November, 1983, which is, however, denied by the petitioner.