ANAND CONSULTANT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Government Advocate No. 5 for the State.

(2.) The petitioner seeks quashing of the order dated 9.5.2016 issued by the Executive Engineer, Rural Works Department, Works Division, Phulparas and for consequential reliefs.

(3.) The petitioner after being successful in the tender process for construction of road from Persa to Gorgama under Head No. 4515 MNP Yojana, Tender Id No. 23076 for the year 2014-15, was allotted the work and agreement dated 18.9.2014 was entered into between the parties. The work was to be completed by 17.9.2016 but according to the respondents the progress of the work was slow and accordingly a large number of letters and reminders were issued to the petitioner to speed up the work. It is alleged that the petitioner had taken no heed to the same. Ultimately the impugned order dated 9.5.2016 was passed by the Executive Engineer rescinding the contract under Clause 14 of the agreement.