High Court Seeks Delhi Govt's Response On Functioning Of Committee Set Up For Implementing Directions For Execution Of Recovery Certificates

The Delhi High Court has sought the response of Delhi Government on the functioning of a committee set up for implementing the directions issued for execution of recovery certificates.

The development came after the Court in June this year issued slew of directions to be followed by SDM/Recovery Officer/Appropriate Authority for execution of the Recovery Certificates. The Court had also constituted a 6 member committee for implementation of the said directions.

Justice Pratibha M Singh observed that the recovery officers have to act diligently and ensure recovery of the awarded amounts. However, the Court added that the procedure laid down in the guidelines were not being followed by the recovery officers.

"Respondent/GNCTD to place on record a status report as to the establishment and the functioning of the Implementation Committee in terms of paragraph 14 of the judgment in Santosh Kumar Jha (supra)," the Court directed.

The Court was dealing with a petition filed by a workman seeking implementation of an award passed by the Commissioner as no money was paid to him. The plea therefore sought directions on District Magistrate (South), GNCTD, as also the Recovery Officer to take steps for recovering the awarded amount.

The Court directed the District Magistrat/SDM (South) and also the Commissioner, Employees' Compensation, Labour Department, of the Delhi Government to join the proceedings through video conference, on the next date of hearing.

"Let Principal Secretary (Law, Justice and Legislative Affairs), GNCTD also join the proceedings through video conference on the next date to apprise the Court as to the functioning of the Implementation Committee," the Court added.

The matter will now be heard on December 9.

A single judge bench comprising of now retired Justice JR Midha had in June issued the following directions:

- Upon receipt of the Recovery Certificate, the SDM/ Recovery Officer/Appropriate Authority shall list the matter in open Court within one week of the receipt of the Recovery Certificate.

- On the first date of hearing, the SDM/ Recovery Officer/Appropriate Authority shall issue notice to the respondent and direct the respondent to deposit the due amount within thirty days of the receipt of the notice with a further direction that if the amount is not deposited, the respondent shall file an affidavit of his assets on the date of cause of action, date of the award as well as on the date of the swearing of the affidavit in Form 16A of Appendix E of the Code of Civil Procedure within 30 days of the receipt of the notice.

- The SDM/ Recovery Officer/Appropriate Authority shall also direct the respondent that if the amount is not deposited within 30 days, the respondent shall file additional affidavit in terms of the formats of Annexure A1 / Annexure B1 attached to the judgment of Bhandari Engineers–II (supra) within thirty days of the receipt of notice.

- The SDM/Recovery Officer/Appropriate Authority shall issue the notice to the respondent. Where the respondent is Central Government/State Government/Municipal Corporation/PSU or State/Central Government Entity such as DJB/DDA etc., the notice shall be issued in Format – II.

- In pending execution cases, if the respondent has not already filed the affidavit of assets and income, the SDM/Recovery Officer/ Appropriate Authority shall directthe respondent to file the affidavits of his assets and income in terms of this judgment within 30 days of the receipt of the notice.

- In the event of failure of the respondent to deposit the amount due under the Recovery Certificate, the SDM/Recovery Officer/ Appropriate Authority shall recover the amount by attachment of the assets of the respondent.

- Before attaching a property, the SDM/Recovery Officer/ Appropriate Authority shall ensure that the property does not fall in the list of properties which are exempted from attachment/sale under the proviso to Section 60(1) of the Code of Civil Procedure.

- All proceedings before the SDM/Recovery Officer/Appropriate Authority shall be held in open Court. The daily cause list of the cases shall be displayed outside the Court Room as well as on the website.

- The orders passed by the SDM/Recovery Officer/Appropriate Authority shall be released on the website of the respective SDM/E-Courts portal within one week.

The Court had directed the SDMs/Recovery Officers/ Appropriate Authorities to send the Status Report containing list of all pending cases to the Implementation Committee.

Furthermore, it had also directed SDMs/Recovery Officers/Appropriate Authorities shall also file quarterly compliance report before the Implementation Committee.

Title: NIYAZ MOHHAMAD @ MOHD. NIYAZ v. LABOUR COMMISSIONER & ORS.

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