R K TRANSPORT KORBA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioners have challenged the validity of order dated 22,-3-2011 (Annexure P/1), by which, the registration of petitioner No. 1 as A-5 Contractor with the Public Works Department has been cancelled with immediate effect.

(2.) PETITIONER No. 1 was registered as A-5 Contractor with the Public Works Department. It was awarded the work for construction of road (Sargaon-Panchariya) length 20.06 Kms. The aforesaid construction was completed on 30-6-2009. The Chief Engineer, after more than a period of one year of the completion of work, i.e. on 1-10-2010, inspected the road and found it to be in bad condition. Thereafter, a show cause notice was issued to the petitioner on 24-2-2011, making categorical statement that on the above account why the registration of the petitioner may not be cancelled under Appendix 3 of circular No. 7652/9697/19/YO/ 99 dated 19-11-1999, issued by the Public Works Department.

(3.) SINCE the provisions of Clause (i) of Appendix 3 are not attracted in this matter, the cancellation based on such clause, cannot be sustained.