Sushil Harkauli

1. TO satisfy a decree of the Court, certain amounts lying in the treasury in the salary account of the C.M.O., Allahabad, were attached by the executing court. Subsequently, the executing court directed the Chief Treasury Officer to draw and make payment of certain amounts out of that attached amount to the decree holder. The said direction was not complied with and accordingly, this contempt petition was filed.

2. THE counter-affidavit filed in this contempt petition by Sri Ram Swarup Gupta, Chief Treasury Officer, Allahabad, states by way of defence that the amount could not be paid pursuant to the order of the executing court because the C.M.O., Allahabad, who was the Drawing and Disbursing Officer (D.D.O.), did not submit the bill. According to the contention advanced on behalf of the Chief Treasury Officer, he is the custodian of funds allocated by the State Government to the particular account of the D.D.O., to be drawn and disbursed in accordance with the financial rules. Hence, he finds himself unable to comply with the orders of the executing court.

Having considered the matter, I am of the opinion that the contention of the Chief Treasury Offic