Kameshwar Prasad Singh v. The State Of Bihar And ORS

Patna High Court C.R. No.107 of 2015 (6) dt.28-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Revision No.107 of 2015 ====================================================== Kameshwar Prasad Singh .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Shekhar For the Respondent/s : Mr. Kundan Bhadur Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-07-2017 Heard learned counsel for the petitioner as well as learned counsel appearing for the opposite parties. Petitioner has prayed for setting aside the order dated 11.04.2014 passed by the learned Chairman, Bihar Public Works Contracts Disputes Arbitration Tribunal in Reference Case No. 14 of 2011 by which reference of the petitioner was dismissed by the Tribunal on the ground of limitation treating the claim of the petitioner being highly time barred.

Submission on behalf of the petitioner is that the petitioner approached the concerned department several times and also prayed for payment of his dues but whenever petitioner made demand, he was informed by the concerned officials that his claim was pending and thereafter petitioner shought information under the Right to Information Act, 2005 and after that the concerned

Patna High Court C.R. No.107 of 2015 (6) dt.28-07-2017 department gave information that the claim of petitioner is still pending for settlement before the liability committee but the Tribunal failed to consider the aforesaid fact and summarily rejected his claim on the ground of delay in making reference. The information shought by the petitioner under RTI Act has been brought on record by the petitioner by filing supplementary affidavit and the aforesaid information had also been brought before the Tribunal but the Tribunal failed to take into account that the claim of the petitioner was still pending before the liability committee.

In my considered opinion, the Tribunal committed error in rejecting the claim of petition treating the same as time barred.

Considering the aforesaid circumstances, this revision petition is allowed and impugned award dated 11.04.2014 passed by the Tribunal in Reference Case no. 14 of 2011 is hereby,set aside and the matter is remitted back to the Tribunal with a direction to consider the matter afresh and pass appropriate order in accordance with law.

(Hemant Kumar Srivastava, J) sushma/- U