IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 34392 of 2008(T) ----------------------------------------- PETITIONER(S): ------------------------- EDWARD JOHN P., GOVT. CONTRACTOR, VINEETH BHAVAN, MARIYAPURAM P.O. NEYYATTINKARA-VIA, THIRUVANANTHAPURAM DISTRICT. BY ADV. MR.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT, DEPT.OF PUBIC WORKS, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDING ENGINEER, PWD.ROADS & BRIDGES SOUTH CIRCLE, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, CRIME BRANCH CID SPECIAL INVESITGATION UNIT-1, MUTTADA, THIRUVANANTHAPURAM-25. 4. THE EXECUTIVE ENGINEER, P.W.D.ROADS DIVISION, THIRUVANANTHAPURAM. 5. THE C.I. OF POLICE (DETECTIVE INSPECTOR) CBCID, ERNAKULAM. R1 TO R5 BY GOVERNMENT PLEADER SMT. N.SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.34392/2008 T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PROCEEDING BEARING NO.D2/119/05 DTD. 15/07/08 OF THE 4TH RESPONDENT. EXT.P2; COPY OF THE REPRESENTATION DTD. 28/05/2007 SUBMITTED BY THE PETITIONER BEFORE THE 2ND AND 4TH RESPONDENTS. EXT.P3: COPY OF THE JUDGMENT DTD. 26/09/2007 IN WPC.NO.26979/2007 OF THIS HON'BLE COURT. EXT.P4: COPY OF THE PETITION DTD. 14/03/2008 FILED BY THE PETITIONER UNDER THE PROVISIONS OF THE RIGHT TO INFORMATION ACT. EXT.P5: COPY OF THE PROCEEDING NO.G2-8762/2008 DTD. 29/03/2008 OF THE STATE PUBLIC INFORMATION OFFICER, VIGILANCE & ANTI CORRUPTIION BUREAU. EXT.P6: COPY OF THE PROCEEDING BEARING NO.D2/119/2005 DTD. 29/03/2008 OF THE 4TH RESPONDENT. EXT.P7: COPY OF THE REPRESENTATION DTD. 4/04/2008 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 2, 4 AND 5. EXT.P8: COPY OF THE COUNTER AFFIDAVIT DTD. 7/08/2008 IN WPC.NO. 15138/2008 FILED BY THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS DIVISION, ON BEHALF OF THE 4TH RESPONDENT. EXT.P8(A): COPY OF THE JUDGMENT DTD. 25/08/2008 IN WPC.NO.15138/2008 OF THIS HON'BLE COURT. EXT.P9: COPY OF THE LETTER NO.D2/119/2005 DTD. 18/10/2008 ISSUED BY THE 4TH RESPONDENT. EXT.P10: COPY OF THE LETTER NO.D2 119/05 DTD. 15/10/2009 ISSUED BY THE 4TH RESPONDENT. EXT.P11; COPY OF THE PROCEEDING NO.D1-1902/CB/SIG-1/08 DTD. 19/01/2009 OF THE SUPERINTENDENT OF POLICE, CRIME BRANCH CID, MUTTADA, THIRUVANANTHAPURAM, THE 3RD RESPONDENT. Kss ..2/- .2... WPC.NO.34392/2008 T EXT.P12: COPY OF THE JUDGMENT DTD. 4/07/2007 IN W.A.NO.701/2007 OF THIS HON'BLE COURT. EXT.P13: COPY OF THE JUDGMENT DTD. 30/01/2009 IN W.P.C.NO.(C) NO. 1876/2009 OF THIS HON'BLE COURT. EXT.P14; COPY OF THE REPRESENTATION DTD. 27/02/2009 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P15: COPY OF THE PROCEEDING NO.A5(D2) 119/05 DTD. 25/02/2009 ISSUED BY THE 4TH RESPONDENT. EXT.P16: COPY OF THE REPRESENTATION DTD. 10/03/2009 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI ---------------------------------------------- W.P.(C)No.34392 of 2008 ----------------------------------------------- Dated this the 31st day of March, 2009. JUDGMENT The petitioner, a Government contractor was awarded the work of widening and formation of Perumpazhuthoor-Mampazhakara Road in the year 2005-06. According to him, he has completed the work and final bill has already been drawn, but payments are not being made for the reason that the measurement book and other connected documents including the bills for having purchased Bitumen have been seized by the CBCID in connection with the investigation into an offence stated to have been committed by one Rajesh by forging bills for purchase of Bitumen. Hence the writ petition seeking a direction to the CBCID to return the documents and the department to see that amounts are paid for the work which has already been finally completed. 2. The 3rd respondent has filed a statement and it is stated that the invoices of Bitumen presented by the petitioner are suspected to be forged. It is further stated W.P.(C)No.34392 of 2008 :: 2 :: that during the investigation of the case, details of invoices presented before the PWD authorities for the purchase of Bitumen from 2004 onwards have been collected by the 3rd respondent. Before 2004, contractors were not permitted to purchase Bitumen directly and the same was supplied by the Department. It was contended that only after a thorough investigation, the involvement and connivance of the officials of PWD, in the transaction of Bitumen and related contract works can be brought out. The measurement book and other records pertaining to the work of the petitioner have been seized by the CBCID and it is in their possession. Further investigation may be necessary, if the invoices of Bitumen presented by the petitioner are found to be forged. Hence, the measurement book and other records can be returned to the 4th respondent Executive Engineer on condition that it shall not be tampered, manipulated or destroyed. 3. The fact that the petitioner has completed the work awarded to him is not disputed. The petitioner is, W.P.(C)No.34392 of 2008 :: 3 :: therefore, entitled to the amount due to him. But, at the same time, there is an investigation into the allegation of forgery in the purchase of Bitumen from 2004 onwards. The bills presented by the petitioner could also be forged, according to the investigating agency. 4. Since the measurement book and other connected documents which alone would be necessary for payment due to the contractor, except the value of the Bitumen purchased, are not really necessary insofar as the investigation of the case is concerned, at this stage, they may be returned to the concerned Executive Engineer. This may be done on a day to be fixed between the investigating officer and the concerned Executive Engineer. This shall be done with intimation to the petitioner and since endorsement regarding final measurement is to be made in the book, such endorsement may be made in the presence of the investigating officer and the petitioner, on a day to be fixed in that regard. This shall be done without further delay, at any rate, within W.P.(C)No.34392 of 2008 :: 4 :: one month from the date of receipt of a copy of this judgment. 5. Once the endorsements in the measurement book are completed, a mahazar shall be drawn and the records shall be handed over back to the investigating agency. On the basis of the measurement so completed, payments due to the petitioner, except in relation to the value of the Bitumen purchased, shall be effected as per the list of priority maintained in that behalf in the office of the concerned Executive Engineer. 6. Learned counsel for the petitioner submits that the petitioner's payment is overdue as per the list of priority. That is a matter for verification by the Executive Engineer and if the petitioner's turn has already reached as per the list of priority, the payment due to him shall be made without delay. 7. Insofar as the value of Bitumen is concerned, the same shall also be disbursed to the petitioner, on the petitioner furnishing a bank guarantee for an equivalent W.P.(C)No.34392 of 2008 :: 5 :: amount which shall be kept alive for a period of three years from that date or till the investigation is over, whichever is earlier. If on investigation it is found that the petitioner is liable to treated as an accused, then the bank guarantee shall be kept alive till such time as stipulated by the Executive Engineer. In case, the investigation is not getting over within the aforementioned period, the bank guarantee shall be continued to be kept alive till such time, as is required by the Executive Engineer. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/- //true copy//