STATE OF JHARKHAND Vs. A.K. CONSTRUCTION

JUDGEMENT

(1.) HEARD Mr. R.N. Sahay, learned Sr. SC II appearing on behalf of the appellants and Mr. Rajesh Kumar, learned Counsel appearing on behalf of the respondents.

(2.) THE appellant -State of Jharkhand is aggrieved by that part of the order of the learned single Judge dated 4.2.2004 passed in WPC No. 969/2003 by which the learned single Judge, while allowing the respondents to complete the work, directed the State -appellant to pay a sum of rupees one lac to the writ petitioners by way of compensation.

(3.) THE learned single Judge formulated a question as to whether respondent No. 6 has been favoured in giving contract or as to whether the decision making process was arbitrary or not. The learned single Judge, after considering the pleadings of the parties, came to the conclusion that the action of the respondent -State in granting work to respondent No. 6 who did not qualify is arbitrary and unfair. However, the learned single Judge having found that the work was about to be completed by " respondent No. 6, allowed him to complete the work and receive payment but this will be subject to payment of compensation to the petitioner by the department tentatively passed at rupees one lac.