SAILEN KUMAR SHARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Sarma, learned counsel for the petitioner. Also heard Mr. R.M. Das, learned counsel for the Water Resources Department.

(2.) The petitioner is aggrieved with the office order dtd. 13/5/2022 issued by the respondent No.2, by which he has been blacklisted for illegally withdrawing 2% Earnest Money amounting to Rs.9,65,000.00, which was deposited against work order No.CE/CC/WR/WO/SOPD-FDR/2019-20/1011/222 dtd. 28/5/2020 in relation to the work "Reconstruction of breached like damage embankment at U/S & D/S of Rly. line along with improvement of Noona R/B embankment along with A/E measures of different reaches under SOPD-FDR for the year 2019-20." By the said impugned office order dtd. 13/5/2022 the petitioner has also been informed that he will not be allowed to participate in the tender process of the department and no renewal of registration will be allowed to him until further orders.

(3.) The petitioner is also aggrieved with the subsequent office order dtd. 18/5/2022, which superseded the earlier office order dtd. 13/5/2022. Vide office order dtd. 18/5/2022 the petitioner has been blacklisted for illegally withdrawing 2% Earnest Money deposited against the schemes under Nalbari Water Resources Division and Additional Performance Security as well as 2% Earnest Money deposited against Schemes under Barpeta Water Resources Division. The work orders against which the security were deposited are (1) CE/CC/WR/WO/SOPD-FDR/2019-20/1011/222, Dated- 28/5/2020 (2% Earnest Money) under Nalbari Water Resources Division) and (ii) CE/CC/WR/WO/SOPDFDR/2019-20/1011/10, dated- 20/1/2020, and (iii) BWRD/Esti-4/RIDFXXV/Sonkuchi-Rangapani/Pt-I/2020/3, Dated- 9/10/2020, 2% Earnest Money as well as Additional Performance Security under Barpeta Water Resources Division. By the said impugned office order dtd. 18/5/2022, the petitioner has also been informed that he will not be allowed to participate in tender process of the department and no renewal of registration will be allowed to him until further orders.