MAHESH NARAIN SINGH Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) The order of blacklisting bearing Memo No. 1257 dated 03.04.2014, Annexure-1 issued by the respondent no. 3, Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary, Rural Development Department, Government of Jharkhand, Ranchi is under challenge by the petitioner taking plea of violation of principles of natural justice.

(3.) The order of blacklisting pertains to the work under Package No. JH-0512 for construction of road from Dumka to Mortanga, REO Road to Dhamna Path, REO Road to Bankathi Path and Jitpur to Darbarpur Pathar to be completed within 12 month from 25.09.2010 to 24.09.2011. Petitioner got extension of 15 months to complete the work. According to him, he completed 66% of work only due to obstruction raised by local persons while the respondents contend that only 33 % of work had been completed. Due to non completion of work within scheduled time, the estimate cost escalated from 190.24 Lakhs to 259.40 Lakhs imposing an additional cost of Rs. 69.16 Lakhs for getting the work completed, through re-tender. The balance work was awarded to the successful bidder and is likely to be completed by April, 2017. Due to delay and non completion of work, petitioner was asked to appear for final measurement through press release no. 08/2012-13 fixing date of final measurement of the work performed by him, as per Annexure -A. The respondent no. 4, Executive Engineer, Rural Works Department (Work Division), Dumka also requested the Director, Information and Public Relation Department through letter no. 301 dated 16.02.2013 to ensure the publication of press release in two local daily newspaper having wide circulation for two days, vide Annexure-B to the counter affidavit. At para-9 of the counter affidavit, it is contended by the respondent that despite paper publication, petitioner did not appear for final measurement and the measurements were carried out in his absence. Deputy Commissioner, Dumka also made recommendation for blacklisting of Contractors, who have not completed the work vide letter dated 101.2014 bearing no. 24, which included the name of the petitioner, Annexure-C. Due to lack of interest on the part of the petitioner in completion of the work, the respondent no. 4, recommended for cancellation of the contracts and blacklisting the petitioner through memo no. 1891 dated 04.11.2013, Annexure-D. According to the respondents, copy of the letter dated 04.11.2013 addressed to the Superintending Engineer, Rural Work Department (Work Circle), Dumka was also marked to the petitioner. They have enclosed the receipt of dispatch through registered post to the petitioner vide Annexure-E. According to the respondents, Annexure-D is in the nature of notice to the proposed action of blacklisting to enable him to file his reply. Since petitioner did not appear to file any reply, he has been blacklisted vide impugned memo dated 004.2014, which is also enclosed as Annexure-F to the counter affidavit.