SAI CONSULTING ENGINEERS PVT LTD AND ANR Vs. HARYANA STATE ROADS AND BRIDGES DEVELOPMENT CORP LTD AND ANR

JUDGEMENT

(1.) CM NO.11742 of 2014

(2.) It has filed the present writ petition seeking directions to quash the order dated 08.07.2014 (Annexure P-1) passed by respondent No.1 whereby petitioner No.1 has been debarred from tendering in Haryana State Roads & Bridges Development Corporation Ltd.(for short 'the HSRDC) and Haryana Public Works Department (B&R) for one year and its retention money equivalent to 5% of the contract value amounting to Rs.2,86,340/- has been forfeited.

(3.) The HSRDC entered into an agreement with petitioner No.1 on 02.09.2008 whereunder petitioner No.1 was to provide consultancy services to respondent No.1 for preparation of Detailed Project Report(in short 'DPR) for development and improvement of the roads listed in Package No.7 of the Contract Agreement (Annexure P-3). As per Section 3 of the Contract Agreement, which contains the 'Terms of Reference and Conditions of Contract' the main objective of the consultancy service was to prepare an implementable, environmentally friendly and socially acceptable DPR for the construction of selected roads, grouped in selected packages, under NCR Programe. It stipulates that the design and Drawings shall be prepared considering that they are ready to implement and 'Good For Construction' drawings'.