Mr. Rahul Mohod, Mr. C.D. Goswami and Mr. Sanjay Gyan, Advocates v. THE GOVT OF NCT OF DELHI AND ANR

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 979/2024 and CM APPL.4058/2024 DALIT PRAHARI .....Petitioner Through: Mr. Rahul Mohod, Mr. C.D. Goswami and Mr. Sanjay Gyan, Advocates. versus THE GOVT OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Lalltaksh Joshi and Ms. Ananya Sanjiv, Advocates for respondents. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA % 13.05.2025 O R D E R 1. The present petition has been filed by the petitioner seeking appropriate direction/s to the respondents for release of its pending dues with regard to supply of fresh cooked meals supplied at hunger relief centres located at Nand Nagari and Seelampur, Delhi during Covid-19 pandemic. 2. It is not disputed that the petitioner was engaged in providing the said services. The grievance of the petitioner is that despite the petitioner having diligently carried out the task entrusted to it, the requisite dues have not been paid till date. 3. During the course of hearing, learned counsel for the respondents draws attention to the counter-affidavit filed on behalf of the respondent no.2/Deputy Commissioner, North-East District, Revenue Department, Government of Delhi. It has been stated therein as under:- “2. That, in execution of the directives from the GNCTD, orders were This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 19:58:53 issued to the petitioner for the provision of food to needy daily wage earners and migrant labourers, adhering to the menu and pricing established by the Government for mid-day meals, under the oversight of the designated HRC center in-charge. The appointed in-charge of the HRC was under the responsibility for overseeing the quantity, quality, and proper distribution of meals. A copy of the said orders sis available at Annexure P-2 of the petitioner’s paperbook. 3. That the petitioner duly supplied food at the designated/allotted Hunger Relief Centers within the North East District during the COVID-19 restrictions. 4. That the petitioner submitted invoices along with bill summary both dated 24.06.2021 totalling Rs. 56,44,373.42and Rs. 39,14,324.54, for meals supplied, these were supported by 1372 challans/vouchers. A true copy of bill summaries dated 24.06.2021 are annexed as Annexure R-2/1(Colly). 5. That a perusal of work orders dated 21.04.2021, 11.05.2021 and 08.06.2021 issued by the answering respondent, the petitioner had to hand over the meals to the in-charge of the HRC after satisfying him regarding the quantity and quality of the meals. The counter signature by the HRC in-charge upon the challan submitted is considered proof of the aforementioned satisfaction and compliances of this condition, for the purpose of making the payment. A true copy of the work orders dated 21.04.2021, 11.05.2021 and 08.06.2021 issued by the Office of District Magistrate (North-East), is annexed as Annexure-R-2/2(Colly). 6. That a committee was constituted by order dated 24.04.2024- comprising of Sub Divisional Magistrate (Head Quarter)/Care-Taking Branch, Assistant Accounts Officer (North East), Section Officer (Administration), and Officer In-Charge Care-Taking. A true copy of the order dated 24.04.2024 constituting the committee is annexed as Annexure R-2/3. 7. That upon reviewing the submitted invoices and challans, several discrepancies were identified, including the absence of the signature or stamp from the HRC in-charge on some invoices. Additionally, some invoices failed to specify the number of meals provided by the petitioner. A true copy of the list of the deficiencies found in the invoices is annexed as Annexure R-2/4. 8. That answering respondent had requested the petitioner to rectify these discrepancies vide memo dated 18.05.2023 and has directed submission of rectifications within a period of ten days. A true copy of memo dated 18.05.2023 is annexed as Annexure R-2/5. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 19:58:53

9. That the petitioner failed to respond to the deficiency memorandum dated 18.05.2023, within the stipulated timeframe. 10. That, this office has constituted a committee comprising the Sub Divisional Magistrate (Head Quarter)/Care-Taking Branch, Assistant Accounts Officer (North East), Section Officer (Administration), and officer in-charge care-taking to review and examine matters related to this petition. Following scrutiny of invoices and challans, it was reaffirmed that the only amount totaling to Rs.33,71,662/ was payable, since the deficiency of the challans was not cured. A true copy of minutes of the committee meeting dated 10.07.2024 are annexed as Annexure R-2/6. 11. That the answering respondent sanctioned the amount Rs. 33,71,662/- as per Sanction Order No. F.No.DC/NE/COVID-19/2021/214-18 dated 31.07.2023. Subsequently a payment of Rs.33,04,229 was disbursed to the petitioner after deducting a TDS of Rs.67,433/- for verified and admissible challans. A true copy of the sanction order dated 31.07.2023 is annexed as Annexure R-2/7. 12. That the petitioner submitted representation dated 31.07.2023, received on 02.08.2023, containing an incomplete response and subsequently submitted another representation on 29.09.2023, requesting release of Rs.62,54,468.96 based on documents provided with the representation dated 31.07.2023. On scrutiny, the deficiencies previously pointed out had not been cured by the petitioner.” 4. As such, learned counsel for the respondents submits that the only impediment in clearing and paying the bills raised by the petitioner, is that certain deficiencies as indicated by the respondents, has still not been resolved. Learned counsel for the petitioner disputes the same. 5. Be that as it may, to resolve the stalemate between the parties, respondent no. 2 is directed to depute a responsible officer who will process and verify the bills raised by the petitioner and if any, deficiency is found which still remains unresolved, an interactive exercise shall be carried out with the representative of the petitioner, to resolve the same. 6. Let the said exercise be conducted till all the bills are duly processed and paid. In case, any bill remains unpaid for want of resolution of This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 19:58:53 deficiencies created by respondents, the same shall be duly communicated by the respondent by way of written communication containing the relevant reasons. 7. Let the aforesaid exercise be carried out expeditiously and preferably concluded within a period of 8 weeks from today. 8. Needless to say, in case the petitioner is aggrieved by the outcome thereof, it shall be at liberty to take appropriate remedies under law. 9. The present petition stands disposed of in the above terms. Pending application also stands disposed of. SACHIN DATTA, J MAY 13, 2025/at