SRI RAM ENTERPRISES Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondent Railways.

(2.) The short facts of this case are that the petitioner was given a contract for improvement of approach road to station at Sultanganj under Section Engineer (Works) of Bhagalpur by a letter of acceptance dated 29.11.2006. On 1.2.2007 the Assistant Engineer(L)/Jamalpur issued a letter pointing out certain discrepancies during the inspection of the petitioner's work. Again a further letter was issued referring to certain inspection made and ultimately statement of charges of misconduct against the petitioner was issued by Memo dated 9.3.2009 directing the petitioner to show cause as to why the business dealings with the petitioner and its allied/sister concerns/partners be not banned for a period of three years. Broadly, the charges mentioned were three in number. The first charge was for execution of inferior quality RCC M-20 work for a length of 424 meters. It was alleged that during the joint vigilance check of the subject work on 17.5.2007 samples of executed concrete of M-20 grade was collected from three locations of the road and they were sealed and sent to National Test House, Kolkata for testing the proportion of constituents and from the test report it was found that the proportion of cement, sand and stone chips used in the work was not of the specified proportion. Further during concreting, cubes were collected which failed to meet the required comprehensive strength of M-20 as per the test report of BCE/Bhagalpur. The second charge relates to non-provision of reinforcement in a part of the road work and it is stated that casting of concrete had been deliberately done by the petitioner in absence of railway inspectors. The third charge was that the petitioner had persistently violated the bona fide/legitimate instructions of the railway officials.

(3.) In the report submitted by the National Test House, Eastern Railway, Kolkata it was clearly mentioned that the samples were received without sealed condition. Thereafter in the impugned order dated 8.7.2010 relying upon the Test Report the charge No. 1 is found to be established that sub-standard proportion of cement, sand and stone chips were used in the work. The other two charges were also held to be established and it was decided by the Ministry of Railways (Railway Board) to ban the business dealings with the petitioner and its allied/sister concerns/partners for a period of three years with immediate effect on Indian Railways and its Production Units. Aggrieved by the same the petitioner has approached this Court.