OM CONSTRUCTION Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The challenge in the present writ petition is to an order passed by the Engineer-in-Chief, Public Works Department, MP on 21.4.2016, whereby an appeal against the order of black-listing of the petitioner was dismissed.

(2.) The petitioner was given contract for construction of Thander Tiraha Damodar Mundala Chand Barkhedi Ghat Road - Length 13.50 Kms; and construction of Bijapur, Motipura to Shahpura Ragadu Shamshabad Road, Length 23.50 Kms. It is pleaded by the petitioner that both the works were carried out at a slow pace as the payment was delayed by the respondents due to paucity of funds, coupled with other site problems like delay in supply of execution drawings and obstruction by the resident villagers etc.

(3.) However, on 15.6.2015, a show-cause notice was issued to terminate the contract and that an order of termination of the contract was passed on 15.7.2015. It is thereafter a show-cause notice was issued on 31.7.2015 to blacklist the petitioner, but without considering the reply filed an order of black-listing was passed on 9.12.2015.