MALHOTRA CONSTRUCTION CO. Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner has sought the following reliefs:-

(2.) THE case of the petitioner is that against the termination of the contract entered into between the petitioner and respondent No.2, an appeal has been preferred before the Chief Engineer, Public Woks Department, Bridge Division, Bhopal, (Annexure A/5) on 01/08/2012. In the said appeal, last date of hearing was fixed as 27/5/2013 (Annexure A/6) and now the appeal has been fixed for 25/6/2013. But before the decision, the respondent No.2 has initiated recovery proceedings against the petitioner by issuing RRC, while the aforesaid RRC could not have been issued against the petitioner, until and unless such an appeal is decided by the Chief Engineer against the petitioner. That in the light of the judgment passed by the Full Bench of this Court in the case of B.B. Verma & another vs. State of M.P. and another, reported in 2007(4) MPLJ 610, such recovery could not be initiated against the petitioner. It is submitted that the Chief Engineer, Public Works Department, Bhopal may be directed to decide the appeal expeditiously and till then, the recovery against the petitioner may be stayed.

(3.) IN view of the aforesaid, we finally dispose of the petition with the following directions:- (i) The petitioner shall move an application before the Chief Engineer, Public Works Department, Bridge Division, Bhopal within a period of 5 days from today for expeditious hearing of the appeal, Annexure A/5. Along with the application, the petitioner shall enclose copy of the appeal Annexure A/5 for the ready reference of the Chief Engineer. (ii) The concerned Chief Engineer shall hear and decide the appeal expeditiously, as far as possible, within a period of 30 days from the date of filing of the aforesaid application. (iii) Till the decision of the appeal or for a period of 60 days from today, whichever shall earlier, it is directed that no coercive action shall be taken against the petitioner in continuation to order Annexure A/7 dated 28.01.2013 issued by respondent No.2 and RRC Annexure A/8 dated 06/05/2013 issued by the Additional Tahsildar, T.T. Nagar, Circle Bhopal. No orders as to costs. C.C. as per rules.