NARAYANI NIRMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner for the following reliefs:

(2.) It is stated on behalf of the petitioner that it is a firm duly registered as Contractor-Grade-I under Bihar Contractor Registration Rules, 2007 which is valid up to 3.6.2013 and in response to the notice inviting tender it filed its tender on 27.12.2001 at the rate of 0.3% below estimated cost of Bill of Quantity against contractual work of strengthening of Loria-Sikarpur-Thori Road from 0 KM to 12.7 KM which was duly verified from the Executive Engineer to the Chief Engineer and was sent to the Departmental Tender Committee headed by the Secretary, Road Construction Department, Govt. of Bihar (hereinafter referred to as 'the Department' for the sake of brevity), but the said tender was rejected by the authorities and the said work was not allotted to him. It is also stated that similarly other contractors namely

(3.) It is' also claimed that on the complaint of several persons, the matter was enquired into and the Superintending Engineer, North Bihar Circle, Muzaffarpur submitted his enquiry report dated 25.10.2002 to the Department and on the said enquiry report, the Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary of the Department issued show cause notice to the petitioner on 9.3.2009 alleging the petitioner for changing the rate quoting page from the tender paper, obtaining B.O.Q. after stipulated period and not matching signature and seal of the petitioner from rate quoting page with other papers of tender. However, no evidence or documents with respect to the aforesaid charge was served upon the petitioner and hence petitioner requested for them on 20.3.2009. Thereafter, the petitioner filed his show cause on 26.5.2009 specifically denying all the charges against him as he had done nothing as alleged in the charges and the evidence itself made it abundantly clear that the allegations made in the show cause notice was wholly misconceived and contrary to the facts.