A.K.G CONSTRUCTION Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant writ application is directed against the order dtd. 23/8/2024 (Annexure-10) and also the order dtd. 5/12/2024 (Annexure-13), passed by the 2nd & 3rd respondent respectively, whereby the petitioner has been blacklisted for 5 years and its security deposit has also been forfeited.

(2.) The brief facts of the case which appears from the pleadings and documents annexed with the respective affidavits, is that the petitioner was awarded work order for a detailed survey, designing, drawing, construction of RCC intake well, pump house, water tank etc. on turnkey basis for the purpose of supply of drinking water in the district of Koderma, Jai Nagar, Domchanch under Rural Water Supply Scheme, for which an agreement was also signed on 14/3/2023 between the petitioner and the 5th respondent. While the work was under progress the 5th respondent informed vide letter dtd. 1/6/2024 that the work of Koderma-Domchanch-Jaynagar Rural Water Supply Scheme for construction of water Tower which was allotted to the petitioner collapsed on 1/6/2024. Thereafter, vide letter dtd. 4/6/2024 a clarification was sought from the petitioner to which he duly replied vide its letter dtd. 6/6/2024.

(3.) At this stage itself it is relevant to state that in its letter dtd. 6/6/2024, the petitioner informed the concerned respondent that he is ready to construct Elevated Service Reservoir again at his own expenses which itself goes to show that though he has replied by stating that no laxity has been committed by him, but his willingness to construct the work again at his own expenses leads to an inference that he has admitted the guilty of laxity and negligence in carrying out the construction coupled with the fact that quality has not been taken care.