KRISHNA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) This writ petition has been filed for the following relief(s):-

(3.) It is the case of the petitioner that the petitioner was awarded an agreement for diging 264 wells in the year 2008, the petitioner had completed the work in the year 2010 and submitted the final bills. That the security deposit of the petitioner was returned in the year 2012 after expiry of the defect liability period. That the final bills of the petitioners were also paid on 11/3/2014. That in the month of November, 2011, the petitioner lodged an FIR against one Superintendent Engineer which relates to the extortion of the amount from the petitioner towards the 2013 contract. The said Superintendent Engineer with a view to take revenge against the petitioner has issued show cause notice on 16/8/2019 pertaining to the agreement of 2008. Though the petitioner has filed his objections, the authority without conducting any proper inquiry has directed the petitioner to deposit an amount of Rs.45,59,590.00 stating that the same is recoverable from the petitioner. Thereafter, the Assistant Engineer vide report dtd. 25/2/2020 has given a report stating that the errors found were general in nature and there is no manipulation in the work done by the petitioner. However, the superintendent Engineer without any legal basis has deferred from finding of the Assistant Engineer. That on 4/1/2022 and 5/7/2022, the petitioner received notices for recovery of an amount of Rs.40,60,212.00. That the petitioner thereafter received the demand notice on 30/7/2022 and 27/1/2022 a notice has been served in Certificate Case No. 197 of 2022-23.