HC directs Kalanaur municipal panel to pay dues to gaushala
The Punjab and Haryana High Court has ordered a departmental inquiry against a municipal committee’s officials for procedural lapses in depositing cattle at a shelter, while directing a re-evaluation of the total number of surviving animals. The Kalanaur Municipal Committee was also directed to release an outstanding payment of Rs 4,32,850 to the gaushala for taking care of cattle left in its custody.
Disposing of a petition filed by the Akhil Bhartiya Gaushala, Justice Vinod S Bhardwaj observed that the municipal committee had acknowledged its financial liability from September 13, 2020, to April 12, 2022, in an affidavit submitted on April 15, 2022. Despite this, the committee’s counsel referred to communication dated November 12, 2020, claiming it could not verify the animals left at the gaushala and as such, they were “no more liable to make payment after September 18, 2020”.
The court made it clear that the committee’s liability was persisting in the absence of evidence on record to show it had withdrawn the cattle at any point in time.
Justice Bhardwaj ruled that the committee remained bound by its obligations and was required to compensate the petitioner in accordance with the agreement between the parties. The court directed the committee to release the undisputed amount of Rs 4,32,850 within four months, if not already paid. It also ordered a reassessment of the liability for the period beyond April 12, 2022, within two months before directing the clearance of the dues within four months thereafter.
The Urban Local Bodies Director was also instructed to conduct a departmental inquiry into the failure of the committee’s “responsible officers” to follow the prescribed procedure before depositing cattle at the gaushala. He was also asked to carry out an evaluation of the mortality rate of the cattle, along with the number of surviving animals.
The inquiry was directed to be completed within three months. “In the event of any loss caused to the government as a result of inaction/carelessness on the part of the municipal committee employees, departmental proceedings be initiated by the Director, Urban Local Bodies, against the erring officials/officers and the losses sustained, if any, may be recovered from such officials/officers. A compliance report in this regard be filed before this court within six months,” Justice Bhardwaj stated.
