IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16205 of 2007 Standard Police & Civil Readymade Industries through its Proprietor, Bhagawat Prasad, son of Late Dukhi Mahto, Mo.-Garhpar, Biharsharif (Nalanda). -Petitioner. VERSUS 1. The State of Bihar. 2. The Principal Secretary, Human Resources Department, Government of Bihar, Patna. 3. The Director, Primary Education, Government of Bihar, Patna. 4. The District Magistrate-cum-Chairman, Sarva Shiksha Abhiyan, Sheikhpura. 5. The District Superintendent of Education-cum-District Programme Co- ordinator, Sarva Shiksha Abhiyan, Sheikhpura. 6. The Headmaster, Kashturba Gandhi Girls School, Gagaur, P.S. and District- Sheikhpura. -Respondents. ----------- 03 01.05.2009 The petitioner is a registered small scale industry. It manufactures steel items and supply as per the government orders. The District Superintendent of Education, Sheikhpura had a requirement of inter alia 55 metal folding beds, which were to be supplied to a particular school. Petitioner’s quotation was accepted and by order dated 29.01.2007, as contained in Annexure-2, petitioner was given orders for supply of 55 folding beds to the school concerned. Petitioner immediately supplied the folding beds and having obtained receipt dated 09.03.2007 applied for payment of Rs. 52, 280/- in respect of 55 beds. Having difficulty in arranging the funds to him, petitioner was left with no option but to approach this Court by filing this present writ petition in 2007. Now, a counter affidavit has been filed by the District Superintendent of Education, Sheikhpura. In the counter affidavit, nothing has been disputed rather regret has been expressed for delay in 2 payments. It is stated that the deponent took over and came to know that payments have been pending, he got the beds tested (test in 2009 in respect of supplies made in 2007) and ensure payment of Rs. 43,432/-, as against the bill of Rs. 52,280/-. The difference, whereof, is almost of Rs. 9,748/-. Nothing has been said for this short payment and why any deduction had made. Further, it is not disputed that while making an offer petitioner had to deposited security deposit of Rs. 2000/-, the same has also not been refunded. Thus, the amount allegedly lie with the respondent-District Superintendent of Education is about Rs. 11,280/- with no explanation why. However, substantial payment having been made belatedly. The writ petition is being disposed of with the following observations :- 1. On petitioner filing a copy of this order before the District Superintendent of Education, Sheikhpura, respondent no. 5, he would be obliged to give details of accounts, the deduction as made from the bills of the petitioner to the petitioner within one month. In case, it is found that the payment is due to the petitioner, the same would be ensured within the same period of one month. 2. Earnest/security money of Rs. 2000/- shall be refunded to the petitioner forthwith. 3. As the petitioner is a small scale industry, it is entitled to interest in terms of the interest on delayed payment to 3 small scale industry and ancillary undertakings Act, 1993. The payment has been delayed by more than 2 years, petitioner would be entitled to interest @ 6% over the total amount that is payable to the petitioner for the period of 6 months, as contemplated under the said Act. This payment should also be made within one month from the date of production of a copy of this order before the District Superintendent of Education, Sheikhpura. With these observations and directions, the writ petition is disposed of. Trivedi/ (Navaniti Prasad Singh, J.)