JEMTI AO Vs. STATE OF NAGALAND

JUDGEMENT

(1.) THE petitioner had approached this Court by way of W.P (C) No. 100 (K) of 2014 challenging the work order dated 04 -06 -2014 issued by the Chief Engineer PWD (R&B) by which the private respondent No. 5 was awarded the work order for Tuli Feeder Road (SPA 2013 -14) amounting to Rs. 1,88,60,000/ - alleging discrimination, favorism with mala fide intention on the part of the State respondents to deprive the petitioner from getting the said work order.

(2.) AFTER hearing the parties, this Court had disposed of the writ petition with a direction to the State respondents to re -examine the matter on merit and thereafter take an independent decision without being influenced by the letter dated 26 -03 -2014 written by the Chief Engineer PWD (R&B), Nagaland, Kohima. The respondents were further directed that while deciding the matter, paragraph 293 and 296 of the NPWD Code shall also be considered. Thereafter, the respondents have re -examined the matter by a tender committee consisting of three members i.e Chief Engineer PWD (R&B), Nagaland, Kohima, Additional Chief Engineer, PWD (R&B), Nagaland, Kohima, Executive Engineer PWD (R&B), Tuli Feeder Road, Tuli Mokokchung. The said minutes of the Tender Committee was forwarded to the respondent No.1 by the respondent No. 3 by a communication dated Nil October, 2014. The Under Secretary to the Government of Nagaland by a communication dated 12 -11 -2014 had conveyed the approval of the Governor for implementation of the project as per the observation of the minutes of the Tender Committee at para 4 B.

(3.) ACCORDINGLY , a corrigendum dated 26 -11 -2014 was issued by the respondent No. 3. The work order dated 26 -06 -2014 which was cancelled by the letter dated 19 -08 -2014 was revoked and the original work order was restored with immediate effect. The private respondent No. 5 was therefore requested to start the work in consultation with the respondent No. 4 with immediate effect. Being further aggrieved, the petitioner has approached this Court again by way of the present writ petition.