LAWS(HPH)-2011-11-34

TASSU ENGINEERS Vs. STATE OF HIMACHAL PRADESH

Decided On November 08, 2011
Tassu Engineers Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) A work order was issued in favour of the petitioner on 25.10.2008 for the construction of science lab at Government Boys Senior Secondary School at Lal Pani. The work order was cancelled on 16.12.2009. However, on the basis of the representation and undertaking given by the petitioner vide Annexure R -2, the same was revoked and the petitioner was again awarded the work on 18.01.2010. The respondents rescinded the contract on 24.07.2010 vide Annexure P -9.

(2.) MR . Ajay Vaidya, learned counsel for the petitioner has strenuously argued that cancellation of contract of the petitioner vide Annexure P -9 is illegal, arbitrary and, thus, violative of Article 14 of the Constitution of India. He then contended that the petitioner has not been afforded an opportunity of being heard before the decision was taken to rescind the contract.

(3.) I have heard the learned counsel for the parties and gone through the pleadings carefully.