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IN THE HIGH COURT OF DELHI
Prathiba M. Singh, J.
Anjana Gosain - Appellant
Versus
Government of NCT - Respondent
W.P.(C) 2506 of 2019
Decided On : 13-12-2021
The court enforces the clearance of pending payments for legal services and establishes the need for a systematic approach to process such payments efficiently.
Headnote:(A) Law pertaining to service payments and administrative procedures related to Government payments is discussed in detail - The outstanding bills of a legal professional are scrutinized, with directions issued for processing payments and establishing a single-window system for expediting such payments. (Paras 3-9)
(B) Court's authority in enforcing compliance is reinforced - The court emphasizes that if payments are not cleared, it may take action against specific officers for non-compliance. (Paras 7 and 10)
Facts of the case:
The petitioner, a lawyer, sought the clearance of eleven pending fee bills, seven of which were processed with sanctions issued, but clarifications were awaited for one bill.
Findings of Court:
The Court has ordered clarity on unpaid bills and established timelines for the implementation of a new payment system to ensure timely payments to counsel.
Issues: Key issues include the processing of the petitioner's outstanding bills and the potential actions against authorities for non-compliance.
Ratio Decidendi: The court affirmed its role in ensuring compliance with payment directives and highlighted the necessity for the establishment of a more efficient payment process for legal counsel.
Result: Matter listed for further hearing on 17th January, 2022.
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court. Vide the said order.
CM Appl. 19643/2021
2. The present matter concerns the outstanding bills of the Petitioner- Ms. Anjana Gosain who is a lawyer, and the non-payment of the outstanding fee by the Respondent.
3. Vide order dated 14th September, 2021, this Court had sought a Status Report as to the eleven pending fee bills of the Petitioner out of which seven were, at that time, stated to be pending with the Revenue Department, GNCTD, and in respect of four bills, the memo was sought by the Authority. A direction was issued to the Respondents to process the payments in respect of the eleven pending bills of the Petitioner, within four weeks.
4. Even today, the current position is that sanctions have been issued in respect of the seven memos which are listed at Serial Nos. 3, 4, 5, 7, 8, 9 and 10, as indicated in the Status Report. The Table indicating the status of the pending bills in respect of the Petitioner is extracted below:
| Sl No. | Case No. | Amount | Department | Remarks |
| 1 | WPC 5013/2011 | 4950 | Home | The Home Department has sought Undertaking regarding appearance in the Hon'ble Court in the matter of WPC 2013/2011 vide letter dated 24/11/2021 and previous letters 20/09/2021 & its reminder dated 05/10/2021 and 10/09/2021, from the said Ex-Govt. Counsel, but the same is still awaited from her side. |
| 2 | LPA 304/2011 | 5450 | Revenue | Payment of Rs.4,950/-vide bill No. CB-967 sent to PAO for the payment of Rs.4455/-on 22/11/2021. |
| 3. | WPC 2786/2011 | 5450 | Revenue | Sanction order No. F/2021/SRIX/ DSCW/50009 dated 07/09/2021 for Rs.4950/has been issued. Bill No. CB-506, UTR No. SBINO300117317028. |
| 4. | WPC 8247/2011 | 4950 | Revenue | Sanction order No. F/2021/SRIX/ DSCW/5009 dated 07/09/2021 for Rs.4950/- has been issued. Bill No. CB-506, UTR No. SBINO300117317028 for Rs.4455/-. |
| 5. | CM 1451/2011 | 6200 | Revenue | Sanction order No. F/2890/RB/Div. Comm./(HQ)/R/2021/6276 dated 06/09/2021 for Rs.4950/-has been issued. Bill sent to PAO-VI fro payment of Rs.4455/-on 12.09.2021 |
| 6 | WPC 2680/2013 | 6500 | Revenue | Bill could not be processed as the Respondent could not be ascertained yet. |
| 7. | WPC 4430/2013 | 5700 | Revenue | Sanction Order No. F.SDM/MT/Professional Bill/2021/34248-250 dated 08/09/2021 issued for payment of Rs.4950. Bill has been sent to PAO for payment made on 13.09.2021. |
| 8. | WPC 3630/2014 | 6500 | Revenue | Sanction order No. F.3(405)/ADV.BILL/SDM (M)/2019/232 dated 07/09/2021 for Rs.4950/-has been issued. Bill NO. CB-404 has been sent to PAO for payment of Rs.4455/-on 09/09/2021. |
| 9. | WPC 3530/2014 | 6500 | Revenue | Sanction order No. SDM/DW/Court Fee/202121/ 50242 dated 07/09/2021 issued for payment of Rs.4950/bill No. CB-514, UTR No. SBINO300117317007 for Rs.4455/-. |
| 10 | WPC 7443/2014 | 6450 | Revenue | Sanction order No. F.1/ SDM/PB/089662884/2021/5663 dated 04/09/2021 for Rs.4950/bill No. CB-383, UTR No. SBINO300117085087 for Rs.4455/-. |
5. Let a copy of the Status Report be supplied to Ms. Gosain, so that she can confirm whether she has received the payments qua these bills or not. Insofar as payment qua Serial No. 1 in the Status Report is concerned, it is stated that some clarification, as extracted hereinabove, is awaited from Ms. Gosain. Let Ms. Gosain provide the same, if not already provided by her.
6. Let Ms. Gosain also provide her comments in response to the Table in the Status Report, as extracted hereinabove, by adding an extra column in the Table provided in paragraph 4 of the Status Report. The same is to be presented to the Court on the next date, with an advance copy to the ld. Counsel for the Respondents.
7. Ms. Gosain submits that some bills are not yet reflected in the Status Report. Let the same be communicated to the Principal Secretary (Law), GNCTD, as also to Mr. Sameer Vashisht, ld. ASC for the GNCTD. If by the next date, all the memos of the Petitioner are not cleared, this Court may be compelled to take action for non-compli
