UNION OF INDIA THROUGH Vs. CHIEF ADMINISTRATIVE OFFICERS

JUDGEMENT

(1.) I A 16687/2018

(2.) The work was to be completed within nine months from 17.10.2013 to 16.07.2014. The work was finally completed by the respondent on 02.07.2016 when a Provisional Acceptance Certificate (PAC) was issued in favour of the respondent. The Safety Commissioner of Railways had also given clearance to open the line in the energized section.

(3.) It is the case of the petitioner that thereafter, on a complaint being received and due to the intervention of the PMO, investigation was carried out and it was found that wherever supplies of fabricated galvanized Steel Structures was made by M/s Jain Steel Industries, Mandi Govindgarh, the same were underweight. Accordingly, the weight measurement was conducted on 06.04.2017 and 07.04.2017 jointly by Vigilance CORE/ALD, RITES and the respondent along with the representative of M/s Jain Steel Industries and the petitioner, and it was found that out of 108 Steel structures lying at the site as surplus material, 78 were underweight. The petitioner therefore, withheld the payment of the final bill to the respondent as also refused to release its Bank Guarantee. The petitioner also raised a counter claim for making recovery of the underweight steel supplied by the respondent.