WP(C)/892/2021 of Sri Hiralal Saha, Contractor Vs The State of Tripura and 2 others on 22 December 2021

Order

Heard Mr. SM Chakraborty, learned senior counsel assisted by Ms. A Pal, learned counsel appearing for the petitioner as well as Mr. D Bhattacharjee, learned GA, assisted by Ms. N Chakma (Saha), learned counsel appearing for the respondents.

In terms of the order dated 17.12.2021, Mr. Bhattacharjee, learner GA has produced the written instruction of the Executive Engineer, Division No.I, PWD (R&B), Agartala, Tripura, which is made part of the records.

From the said note, it surfaces as follows:

“Please refer to the note No.3

Work was awarded on 25.08.2012 and Final bill was finalized on 26.12.2016 after observing all codal formalities. During release of security money which was deducted from the contractor’s different R/A bill has already been lapsed/inoperative against Memo No- F.2(2)-FIN(TC)/208/1661-72 dated 10.05.2010 and No.F.13(06)-FIN(B)/2011/6428-90 dated 02.01.2015 as the three financial year has already been over from the date of deduction. Subsequently necessary steps has already been taken to re-validate those lapsed/inoperative security deposited amount and the matter also was intimated verbally to the claimant after getting the representation on 02.05.2019 from the petitioner. At present revalidation procedure is under consideration of the Finance Dept, Govt. of Tripura. The proposal for revalidation was finally processed to the competent authority from this end vide letter No.F.AC-11/2011/EE-1/Pt-II/582 dated 15.06.2021. In this regard, it is also mentioned here that, after getting the revalidate fund from the Finance Dept. necessary steps will be taken for release of Security money as early as possible.”

Nothing has been attributed against, the petiitoner and as such the petitioner is entitled to get release of the entire security deposit.

Having due regard to the issue of revalidation of fund, as reflected in the written instruction, the respondents are directed to release the security deposit of the petitioner in connection with the work carried out by him in pursuance to the Work Order dated 25.08.2012 (Annexure-1 to the writ petition) within a period of one month from the date of receipt of the copy of this order.

In terms of the above, this writ petition stands allowed and disposed of.

The file produced by Mr. Bhattacharjee, learned GA appearing for the respondents is returned.

No order as to costs.

JUDGE