M/S ABHAY TELE ENGINEERING PRIVATE LTD. Vs. STATE OF JHARKHAND, THROUGH SECRETARY, ROAD CONSTRUCTION DEPT. GOVT. OF JHARKHAND, RANCHI

JUDGEMENT

(1.) Seeking quashing of Press Release dated 14.06.2013 whereby, Agreement No. 03 SBD/201213 was cancelled, the present writ petition has been filed.

(2.) Pursuant to e-Procurement Notice dated 12.04.2012 the work for widening and straightening of Jharia-Baliapur road under Plan Head for the year, 20112012 was awarded to the petitioner namely, M/s Abhay Tele Engineering Private Ltd. Consequently, Agreement No. 03/SBD 201213 was executed on 12.07.2012. The work was to be completed within 6 months that is, on or before 11.01.2013. However, due to Naxal and terrorist problem, delay in providing the work site, delay in payment of mobilization advance etc., the work could not progress in terms of agreement. The respondent-authorities themselves recognized the difficulties of the contractor and approved the revised work programme however, suddenly by Press Release dated 14.06.2013, the agreement was terminated.

(3.) The learned counsel for the petitioner submits that without issuing show-cause notice and without affording opportunity of hearing, Agreement No. 03 SBD/201213 has been terminated by the respondent-authorities, illegally. The learned counsel for the petitioner further submits that the respondents have admitted that the petitioner has completed 27% work however, payment for the same has not been made to the petitioner. The petitioner submitted representation on 20.06.2013 however, the respondents have not decided the claim of the petitioner. Resisting the prayer made in the writ petition, the learned counsel for the respondent-State of Jharkhand submits that on 19.02.2013 a show-cause notice was issued to the petitioner directing him to show cause within 3 days why the Agreement be not terminated. It is submitted that the petitioner since failed to complete the work even six months beyond the scheduled completion time, agreement was terminated after issuing several notices to the petitioner-company.