CM No.27328-CII of 2009 and COCP No.1699 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.27328-CII of 2009 and COCP No.1699 of 2009 Date of decision: 20.11.2009 The Daburji Co-operative Labour & Construction Society Limited ......Petitioner(s) Versus Sh. Suresh Kumar & others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. M.K. Dogra, Advocate for the petitioner. Mr. M.C. Berry, Additional Advocate General, Punjab. Rakesh Kumar Garg, J.(Oral) Respondents are present in Court. During the pendency of the present contempt petition, it has come to the notice of the Court that two conflicting speaking orders were passed by the respondents mentioning different payments payable to the petitioner-Society. Finding the discrepancies, this Court was of the prima facie view that the respondents were guilty of committing contempt of this Court. Affidavit of Sh. Suresh Kumar, IAS, Principal Secretary to Government of Punjab, Department of Irrigation, Chandigarh dated 18.11.2009 has been filed on record of the case wherein it has been submitted as under:- “5. That the deponent, in order to verify about the actual payment payable to the petitioner society, had marked an enquiry to the Chief Engineer, Vigilance and CM No.27328-CII of 2009 and COCP No.1699 of 2009 2 Quality Control, Irrigation Works, Punjab, Chandigarh vide order dated 6.11.2009 to conduct a thorough probe into the matter to ascertain the truth by associating both the Executive Engineers and the petitioner Society. He was also asked to fix the responsibility of the officers who submitted a wrong report and passed a wrong order. 6. That the Chief Engineer, Vigilance and Quality Control, has submitted his report dated 16.11.2009 after conducting the enquiry in which the representatives of petitioner society were duly associated. The finding of Chief Engineer, Vigilance is that the Speaking Order was passed by Shri BS Kataria, Executive Engineer without verifying facts and work recorded in the Measurement Books. The copy of the report of Chief Engineer, Vigilance, Irrigation Works, Punjab is enclosed herewith as Annexure A/1. 7. That the Department of Irrigation has initiated disciplinary action against the officials/officers held responsible by the Chief Engineer, Vigilance and Shri B.S. Kataria, XEN and Shri V.P. Punj, SDO have been placed under suspension as per order of the Competent Authority. 8. That the Department shall not hesitate to take action against any other official/officer who may be found responsible during the disciplinary proceedings against these officers for any offence punishable under the Punjab Punishment and Appeal Rules. CM No.27328-CII of 2009 and COCP No.1699 of 2009 3 9. That the answering deponent has made every effort to ensure compliance of the orders of the Hon'ble Court and shall not spare any efforts to see that truth prevails and the guilty are punished in every possible manner. 10. That due payment has already been made to the petitioner society. The deponent, as Principal Secretary of the Irrigation Department, has no objection if the Speaking Order passed by Shri BS Kataria, Executive Engineer, and the Corrigendum issued by Shri Charanjit Singh, Executive Engineer and the report submitted by Chief Engineer, Vigilance is further got verified by the Hon'ble Court from any other independent agency. 11. That the answering deponent holds this Hon'ble Court in highest esteem and does not dare to disobey the orders of this Hon'ble Court. Admittedly there has been a lapse on the part of the officials in compliance of the Court order for which the deponent seeks unqualified and unconditional apology. The deponent further feels sorry for the inconvenience caused to the Hon'ble Court for the said lapse. The deponent also undertakes to abide by any further directions of the Hon'ble Court in the case.” The explanation submitted by respondent No.1 is accepted and keeping in view the fact that due payment has already been made to the petitioner-Society and the petitioner-Society has also moved CM No.27327-CII of 2009 for withdrawal of the present contempt petition, this Court is not inclined to proceed further in this petition. CM No.27328-CII of 2009 and COCP No.1699 of 2009 4 Rule discharged. However, the petitioner shall be at liberty to pursue his remedy as available under the law with regard to the remaining outstanding dues which have not been admitted by the respondents. November 20, 2009 (RAKESH KUMAR GARG) ps JUDGE