SURAJ NIRMAN PVT LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging memo dated 12.06.2008 (Annexure-1) by which Engineer-in-chief -cum- Additional-cum- Special Secretary, Road Construction Department, Govt. of Bihar, Patna (respondent no.2) black listed the petitioner in terms of Bihar Contractors Registration Rules, 2007 and also challenging order dated 21.01.2010 (Annexure-2) by which the Secretary Road Construction Department (respondent no.1) rejected the appeal filed by the petitioner against the aforesaid order which was filed by the petitioner pursuant to order dated 06.10.2009 (Annexure- 17) passed by a bench of this court disposing of writ petition bearing CWJC No.11662 of 2009.

(2.) It was claimed by the petitioner that it was a private limited company involved in contracts regarding construction, repair and maintenance of the roads of the State and had been duly registered under the Bihar Registration of Contractor Rules, 2007 vide Registration No.01-A-759/2001. It was also claimed that the authorities floated a tender for carrying out IRQP work on N.H.77 from KM-02 to KM-25 which had to be carried out in KM-0 (139m), 3 to 25 except KM-8 and 22 and the petitioner succeeded in the tender and an agreement was entered into between the petitioner and the Executive Engineer, National High Way Division No. II (respondent no.3) bearing Agreement No.66 F- 2/2005-06 dated 24.02.2006 (Annexure-3).

(3.) Learned counsel for the petitioner also stated that while the work was in progress, an inspection was carried out by the Flying Squad headed by the Additional Secretary, Road Construction Department and they picked up samples of S.D.B.C. and B.M. and were sent to Deputy Director of Testing and Research Institute of the Road Construction Department which submitted its report dated 19.06.2006 and 29.06.2006 (Annexure-4 series) and on the basis of the said reports, the Flying Squad also gave its finding on 17.07.2006 (Annexue-5) against the petitioner. In the said circumstances, show cause notice was issued to the petitioner on 06.09.2007 (Annexure-6) by the Engineer-in-Chief (respondent no.2) detailing discrepancies found in the material during the inspection as it was also alleged that the petitioner had carried out work without adhering to the terms of the agreement as well as quality specifications provided therein.