RAMESH SHANKAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed by the Petitioner challenging order dated 19.5.2003 (Annexure-4) by which the Engineer-in-Chief, Road Construction Department, Govt. of Bihar, Patna (Respondent No. . 3) rejected the claim of the Petitioner with respect to liability amount on the ground that it did not fulfill the pre-condition laid down in Sub-clauses (ka), (kha) and (ga) of Clause 10 of Enclosure No. 2 of letter dated 30.3.1982 (Annexure-5) issued by the Takniki Parikshak Koshang providing general guidelines and also for directing the said Respondents to pay the entire contractual dues alongwith 18% per annum interest thereon and further for declaring that the decision and finding of the Liability Committee in favour of the Petitioner had attained finality with respect to his claim and the same cannot be reviewed by the Engineer-in-Chief (Respondent No. 3) in any manner whatsoever.

(2.) Learned Counsel for the Petitioner claimed that the Petitioner is a registered contractor and in pursuance of tender notice dated 16.7.1995 floated by the Respondents-authorities, the Petitioner made an offer and being lowest bidder was awarded tender for repair of Timber Bridge in the 4th KM of Sheohar-Minapur Road for the year 1995-96 and accordingly agreement dated 29.7.1995 was duly executed by the Executive Engineer, Muzaffarpur, Road Division No. II (Respondent No. 5) and the Petitioner for the consideration of Rs. 2,31,904.00 and the work was to be executed within a period of ten days. It is also claimed by the Petitioner that he executed the contract within the stipulated period for which the measurement book was duly checked and passed by the Executive Engineer and Rs. 92,206.00 was paid to the Petitioner by the end of 1996, but even thereafter Rs. 1,31,715.00 remained outstanding.

(3.) Learned Counsel for the Petitioner submitted that he filed CWJC No. 5355 of 1998 for payment of the admitted dues, but subsequently the Petitioner withdrew the said writ petition on 14.12.1998 (Annexure-2) but in the said order it was specifically mentioned that the Petitioner will not be precluded from approaching any other forum available to him under law for the redressal of his grievance. It was also stated that thereafter the Petitioner approached the Liability Committee which was constituted under the Chairmanship of Chief Engineer, North Bihar Circle and the said Committee made a detailed inquiry and inspection and vide its report dated 9.9.2000 (Annexure-3) sent to the Engineer-in-Chief (Respondent No. 3) recommended payment of liability amounting to Rs. 1,31,715.00 to the Petitioner.