LAWS(PAT)-2005-9-79

RAM DIHAL CHOUDHARY Vs. STATE OF BIHAR

Decided On September 30, 2005
Ram Dihal Choudhary Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) AGREEMENT No. 4F2 of 89 -90 was executed between the Contractor and the State represented by the Executive Engineer, Canal Division, Madhubani for execution of earthwork in canal and turfing from RD 62.05 to RD 67.20. The work order in relation thereto was issued on 23rd February, 1990. The value of the said contract was for Rs. 13.18 lacs in respect of 48,85,900 cubic feet. In terms of the said work order, the work commenced when the Natural Surface Level (in short &aposNSL&apos) was recorded in Measurement Book No. 483 by the Junior Engineer and the same was verified by the Assistant Engineer as well as the Executive Engineer.

(2.) SUBSEQUENT thereto the petitioner was posted as Executive Engineer of the said Division and he worked as such during the period between 27th August, 1990 and 22nd January, 1991.

(3.) ON 30th November, 1993 the petitioner gave an interim repiy to the show cause notice and requested for furnishing of certain documents in order to enable him to give a detailed reply. The petitioner was not thereupon informed anything about the said show cause or the reply thereto.No document as was sought for by the petitioner was furnished to him.