PATNA, India, Feb. 21 -- Patna High Court issued the following judgment on Jan. 20:
1. This Letters Patent Appeal has been filed by the appellant Om Sai Services, challenging the judgment dated 26.03.2025, passed by the learned Single Judge in CWJC No. 17191 of 2023.
2. The writ petition was filed by the petitioner seeking the following reliefs:-
"1. i. For issuance of writ in the nature of mandamus directing and commanding upon the respondent authorities for making payment of Rs. 27,56,500/- for sanitization of medical college campus like Principal Office, Residence, different department and hostels which was done by the petitioner's firm.
ii. For issuance of writ in the nature of mandamus directing and commanding upon the respondents to consider the claim and grievance of the petitioner as petitioner has completed all the work of sanitization as directed by the Principal, Medical College, Bettiah at West Champaran vide Memo No.-990 dated 12.05.2020."
3. After issuance of notice, counter affidavit has been filed by the respondent no. 3, relevant paragraphs whereof are reproduced hereinbelow:-
"6. That pursuant to aforesaid, a meeting was held, presided by the Principal, Bettiah Medical College on 27.04.2020 in presence of all the Head of Departments and in the said meeting an unanimous decision has been taken for sanitizing office, different ward and hostel of departments, Medical College, Bettiah through 1000 liters chemical at the rate of 7450/-on Monday, Wednesday by way of one vehicle and a further decision has been taken that a work order can be issued with regard to aforesaid and the order will be effective only till lock down.
7. That pursuant to the aforesaid, vide Memo No. 990 dated 12.05.2020 issued under the signature of Principal, Medical College, Bettiah work order has been issued favour of the petitioner for sanitization of office, different departments, ward and hostel of Medical College, Bettiah through 1000 liters chemical at the rate of 7450/-on Monday, Wednesday by way of one vehicle.
8. That the petitioner submitted the bill charging Rs. 14,900/- per day for sanitization since as per petitioner he performed the sanitization by using two vehicles between 13.05.2020 to 31.08.2020 which is against the mandate of the work order. As per work order the sanitization work was to be performed by one vehicle on each Monday and Wednesday till the period of lockdown.
9. That after the end of first lockdown in the year 2020 no fresh work order was issued in favour of the petitioner and the petitioner without any formal order by competent authority claimed to have performed the sanitization work by one vehicle between 01.03.2021 to 29.07.2021.
10. That despite being not paid for sanitization work between the period 13.05.2020 to 31.08.2020, the petitioner claimed to have performed the sanitization work by one vehicle between the period 01.03.2021 to 29.07.2021 though the special fund amounting to Rs. 4,83,20,790/-was available with the Principal, Medical College, Bettiah on 29.03.2021 which has been provided by the Health Department vide Letter No. 172 dated 20.07.2020, Letter No. 369 dated 24.12.2020, Letter No. 26 dated 23.02.2021 and Letter No. 800 dated 15.03.2021 specially to dispense in controlling the COVID19 pandemic.
*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MyM4MTMjMjAyNSMxI04=-Xlhe--ak1--iR3USc=)
Disclaimer: Curated by HT Syndication.