E. JAYARAMAN Vs. TAMIL NADU MARITIME BOARD

JUDGEMENT

(1.) The petition has been filed by the petitioner, challenging the proceedings in No.4364/E2/2004 dated 23.05.2006.

(2.) The brief facts of the case is that while the petitioner was in service, he was working as an Assistant Executive Engineer, in the Tamil Nadu Maritime Board. The work was executed under a lump sum contract agreement with a contractor and a wooden jetty was constructed at Mandapam for the Coast Guard between 28.05.1991 and 29.11.1991. The agreement also covered an observation period of six months from the last date of check measurement i.e. 28.11.1991. If any defects were noticed within the said period, the contractor was bound to rectify the same although the work had been measured and paid for. The said work were supervised, check measured and inspected by the petitioner, only then the amount payable to the contractor was released.

(3.) Although the jetty was meant for the use of the Coast Guard, the same was not immediately taken over by the Coast Guard and the jetty was used regularly from February 1992 onwards without taking over the same and without maintenance.