HC directs YSS to expedite inquiry into execution of works under sports infra

Srinagar, Sept 20: The High Court of Jammu & Kashmir and Ladakh Tuesday directed the government to expedite the enquiry undertaken by the Enquiry Committee regarding the execution of the works under augmentation of sports infrastructure in Jammu and Kashmir.
The court directed the respondents, particularly Administrative Department of Youth Service and Sports (YSS) to expedite the enquiry undertaken by the Committee constituted by it on August 11, 2021 and take final decision in the matter within a period of two months from the date a copy of this judgment is served upon the respondents.
The court of Justice Sanjeev Kumar passed the directions in a plea by Mohammad Iqbal Sofi seeking release of payment due for the execution of two works i.e, construction of cement concrete basketball court at HSS Achan Rajpora and construction of basketball court at HSS Harmain and Pahnoo which as per the Enquiry report have been found to be sub-standard.
The bench directed that in case on enquiry and consideration of the matter by the government or Joint Director, YSS, as case may be, the amount claimed by the petitioner is found due, the same shall be disbursed to him without any further delay and in any case within four weeks from the date of conclusion of enquiry by the government constituted Committee.
In case of dispute with regard to the quality or quantity of works executed by the petitioner and his entitlement to the payment, the bench said that remedy of the petitioner would lie before the Forum other than this Court exercising extraordinary writ jurisdiction under Article 226 of the Constitution of India.
“The petitioner may have to work out and avail the remedy available to him under civil law,” the court directed.
Perusing the material on record, the court noted that it is not a matter where the respondents have unequivocally admitted their liability to make the payment to the petitioner on account of execution of two works in question.
As per the preliminary report of the Enquiry/Fact Finding committee appointed by the Joint Director, YSS, the works executed by petitioner have been found to be sub-standard.
The government on August, 11, 2021 had constituted an Enquiry Committee to conduct a detailed enquiry in the execution of the works under “augmentation of Sports infrastructure in J&K” after taking cognizance of the grievance projected by the petitioner before different authorities including Lieutenant Governor and the Advisor concerned.
The Committee has also to inquire into the allegations of sub-standard execution of all the works including works executed by the petitioner.
According to the plea of Sofi, the Department of Youth Service and Sports was entrusted with augmentation of sports infrastructure in Jammu & Kashmir for 196 projects funded by the J&K Infrastructure Development Finance Corporation (JKIDFC).
The execution of the works was entrusted to the Engineering wing of the J&K Sports Council on March 06, 2019.
As per the Government order, the entire process of tendering technical sanction and allotment was to be undertaken by the Executive Engineer, J&K Sports Council, Kashmir after obtaining administrative approval from the Directorate of Youth Service and Sports, J&K.
The works in question i.e. construction of cement concrete basketball court at HSS Achan Rajpora was allotted at the cost of Rs.18.55 lacs whereas another work of construction of basketball court at HSS Harmain and Pahnoo was allotted at the cost of Rs. 18.24 lacs after completion of codal formalities.