GANESH RAM DOKANIA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) AGGRIEVED by letter dated 09.09.2010 and 11.07.2012, the petitioner has approached this Court by filing the present writ petition.

(2.) THE brief facts of the case are that, vide agreement No. 03/2007 -08 work for construction of High Level Bridge over Barakar river in Barbendiya village on Nirsa -Jamtara Road under Nirsa Block was awarded on Turnkey basis to the petitioner. The schedule period of completion of the bridge was June, 2010. The bridge in question consisted of 56 piers and 57 slabs along with 2 abutments. While the construction of bridge was in progress, in August, 2009, 5 piers got damaged due to unprecedented rain. The petitioner wrote to the department requesting the department to permit the contractor to complete the work and cure the defects. Subsequently, a First Information Report being Nirsa P.S. Case No. 196 of 2009 was lodged on 13.09.2009. On 09.09.2010, a letter was issued debarring the petitioner from participating in future contracts.

(3.) MR . Anil Kumar, J.C. to A.G., the learned counsel appearing for the respondents reiterating the stand taken in the counter -affidavit submitted that since a criminal case was registered against the petitioner, the petitioner was rightly debarred from participating in other contracts and after affording an opportunity of hearing to the petitioner, order dated 11.07.2012 black listing the petitioner, has been passed. It is submitted that since due to negligence of the petitioner, the bridge got damaged, a criminal case was lodged and the reliance of the petitioner on Clause 28 and 29 is mis -placed.