KASHISH DEVELOPER LIMITED Vs. STATE OF BIHAR

JUDGEMENT

(1.) The only relief prayed for and pressed by the Ld. Sr. Counsel for the petitioner in the present case is for setting aside the office order dtd. 24/11/2020 whereby and whereunder the agreement bearing agreement no. 1 SBD 2019/20, entered into between the petitioner and the Respondent-Executive Engineer, Building Construction Department, Building Division, Buxar, has been rescinded.

(2.) The brief facts of the case are that a NIT was published by the Building Construction Department, Bihar, for construction of Government Engineering College at Dumraon, Buxar, in pursuance whereof, the petitioner and two others had submitted their tender and ultimately, the petitioner was declared as the successful bidder and a work order dtd. 27/7/2017 was issued by the Executive Engineer, Building Division, Buxar, in favour of the petitioner, whereafter an agreement was executed and 18 months time was fixed for completion of the work. It has been contended by the petitioner that since the construction site could not be made available to the petitioner, a fresh work order dtd. 14/8/2019 was issued in favour of the petitioner and the stipulated time frame for completion of work was fixed as 18 months, whereafter an agreement was executed on 1/10/2019. It is a matter of record that on account of disturbance on the site, there being no proper road to reach the site, structural drawing of the project being not handed over to the petitioner in time and on account of the lockdown due to outbreak of Covid-19 Pandemic, the project in question could not be completed within time. Nonetheless, the Chief Engineer (South), Building Construction Department, Bihar, Patna, vide letter dtd. 6/11/2020, had directed the Executive Engineer, Building Division, Buxar, to cancel the agreement of the petitioner, whereafter the Executive Engineer, Building Division, Buxar, by the impugned order dtd. 24/11/2020, has rescinded the agreement.

(3.) The short point raised by the learned Senior Counsel, Sri P.K. Shahi, is that a bare perusal of the impugned order dtd. 24/11/2020 would show that the Executive Engineer, Building Division, Buxar, has cancelled the agreement in question on the direction of the Chief Engineer (South), Building Construction Department, Bihar, Patna, as contained in letter dtd. 6/11/2020. It is submitted that Clause 1 of the general conditions of contract provides for execution of an agreement between the competent authority on behalf of the Governor of Bihar and the Contractor. Clause 2(iv) thereof defines the Engineer-in-Charge to be the Engineer Officer, who shall supervise and be the in-charge of the work and who shall sign the contract on behalf of the Governor of Bihar. Clause 3 and Clause 14 of the "Conditions of Contract" stipulates the situation under which the contract can be determined.