Srinagar: Expressing doubts over the ability of the country to become the third largest economy in the world, a two-judge bench of the High Court of Jammu and Kashmir has slammed the state authorities for not releasing a paltry sum of Rs 20.97 lakh dues of a contractor since 2015 on the ground that there was paucity of funds with the government.
The High Court said, “It shocks the conscience that we tout ourselves as the fifth largest economy in the world, aspiring to be the third largest soon, but do not have the funds to pay legitimate dues of a contractor, which denigrates and puts to doubt the lofty claims of the economic prowess of the country.”
Division bench dismissed the appeal of the Jammu and Kashmir government
This observation by the division bench of the High Court comes while dismissing an appeal by the Jammu and Kashmir government against a judgment of a single judge, which held that the petition by the government is frivolous litigation which the babus in the government file to stultify legitimate claims of the citizens.
Single bench ruled in favour of contractor
In 2016, one contractor had filed a petition in the High Court against the Jammu Kashmir government for not releasing payment for the land filing work he had carried out.
A single judge of the High Court ruled in favour of the contractor directing the Jammu Kashmir government to pay up the dues to the contractor.
Jammu and Kashmir government challenged single bench judgment
However, the government not just filed a petition seeking a review of the single judge judgment but also filed a petition challenging the judgment before a two judge bench of the high court.
The High Court bench not just dismissed the appeal filed by the Jammu and Kashmir government but also directed a payment of Rs 9 lakh as fine to the contractor to be recovered from the salary of the officer who approved the filing of the petition in the High court.
The High Court also gave a finding that the petition filed by the Jammu and Kashmir government challenging the payment of dues to a contractor was motivated by malice and intent to deprive the contractor of his rightful dues.
