KHUSHEE CONSTRUCTION Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since both the writ applications, under Article 226 of the Constitution of India, have been brought by the same petitioner raising same questions of law to be adjudicated and the respondents have defended the impugned orders on common grounds, hence, both have been heard together and are being disposed off by this common judgment. Facts of CWJC No.3963 of 2020.

(2.) The petitioner is a partnership firm engaged in the business of Govt. contract, registered as Class-I contractor. Respondent No.8, the Executive Engineer, PHED, Saharsa Division floated tenders on 15.06.2019. The technical bids of tenders were opened on 16.08.2019 and financial bid in JulyAugust, 2019. Since the petitioner was the lowest bidder, its bid was accepted by the respondent No.8 and work order was issued in favour of the petitioner in between 19.09.2019 to 18.12.2019 for execution of different contracts, total 118 signed between the parties. A list of contract between the parties are at Annexure-4 series.

(3.) The petitioner had submitted earnest money in the form of certificate of deposits in the post-office which was adjusted against the 2% performance security submitted at the time of agreements. In pursuance of the agreements aforesaid, the petitioner started execution of the work. Thereafter, the papers of post-office deposit were sent for verification and it was reported that the same were not genuine. The respondent No.8 informed to the petitioner about that and the petitioner submitted papers of fixed deposits in the IDBI Bank and substituted the same with the postal securities and respondent No.8 returned the postal securities to the petitioner and kept the deposits of IDBI Bank as part of the performance security money. The respondent No.8 got the Bank papers verified and the same were found genuine.