GANESH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL these three writ applications having common question of fact and law have been heard together and are being disposed of by this common order.

(2.) IN the first writ application, C.W.J.C. No. 5646 of 2008, the petitioner Ganesh Yadav has assailed the order dated 8.3.2008 contained in letter no. 419, dated 8.3.2008 whereby and whereunder the Executive Engineer of Road Construction Department, Bhagalpur has cancelled the contract and the consequential agreement with the petitioner contained in Agreement No. 4{P)F2/2006 -07 which was in respect of construction of 18.75 kms. of Jagdishpur -Sanhaula Road. The said work was allotted to the petitioner under a work order dated 27.3.2007 for a sum of Rs. 6,91,30.859/ - fixing a dead line for completion of work in one year i.e. by 26.3.2008, which was also reiterated in the agreement no. 4(P)F2/2006 -07, dated 30.3.2007. The Executive Engineer, however, had subsequently found that the progress of the aforesaid work undertaken by the petitioner was very slow and in fact only two per cent of the work has been executed by 27.12.2007 and accordingly the petitioner was given a show cause notice dated 27.2.2008 asking him to explan as to why the contract and the agreement in question be not rescinded and when the petitioner had filed its reply on 3.3.2008, the impugned order dated 8.3.2008 was passed whereby and whereunder the contract and the agreement in question was cancelled by the Executive Engineer in terms of the powers under clauses 2 and 3 of the agreement. The Executive Engineer in fact by the impugned order had not only cancelled the agreement but had also confiscated the amount of security and advance of the petitioner as well as had also issued a demand notice for further payment of Rs. 35,04,000/ - by way of refund of the advance given to the petitioner on the head of machineries and apparatus.

(3.) IN the third case C.W.J.C. No. 5757 of 2008. the petitioner Arun Kumar Verma is aggrieved by an order contained in letter no. 449 dated 10.3.2008 cancelling his contract and the agreement no. 7(P)F2/2006 -07. It appears that the petitioner was given a work order dated 22.1.2007 for construction of 18 kms. of Akbar Nagar -Sahkund Road for a sum of Rs. 5,46,38,808/ - which was to be completed in one year i.e. by 21.1.2008 as was also confirmed and reiterated in the subsequent agreement no. 7(P)F2/2006 -07 dated 7.7.2007. In this case also, the Executive Engineer on the basis of review of the work of the petitioner Arun Kumar Verma had found that he had completed only 7.5 per cent of the total work and as such after giving a show cause notice dated 27.2.2007 and considering the reply of the petitioner, dated 4.3.2008 had gone to pass the impugned order dated 8.2.2008 in terms of clauses 2 and 3 of the agreement by cancelling the agreement as also forfeiting the amount of security and advance deposited by the petitioner.