SAMBHUPADA MAJUMDAR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) This writ appeal is directed against the judgment and order dated 28.9.94 passed by the learned Single Judge of this Court in Civil Rule No. 352 of 1993.

(2.) A few basic facts need be noted. The respondent No. 2 invited tenders for provision of lighting conductors for 2nd Bn. Assam Rifles, 23rd Bn. Assam Rifles, 26th Bn. Assam Rifles and Head Quarter A Range of the Assam Rifles. The writ petitioner-appellant submitted his tender for the said work. It was accepted by the respondent No. 1 vide letter dated 3rd of March, 1992. An work order was issued in his favour on 10th of June, 1992 fixing a period of 3 (three) months for completing the work. As the appellant failed to start the work and insisted for enhancement of the agreed amount for the work by 50%, the respondent No. 3 by his letter dated 19.5.1993, Annexure 7 to the writ petition cancelled the contract for his failure to commence the work. By this letter the appellant was also informed that the amount of security deposit stood forfeited and other amounts due for payment to him on account of some other contract works done by the writ petitioner, were frozen to make good the loss suffered by the department. He was further informed that his name would be recommended for blacklisting. This led to the filing of the present civil rule which was dismissed by the learned Single Judge. Aggrieved by the same the writ petitioner has now preferred this appeal.

(3.) The learned counsel appearing for the appellant has raised the following points: