STATE OF JHARKHAND Vs. DINESH SHARMA

JUDGEMENT

(1.) THIS appeal has been preferred against the order dated 28-02-2008 passed by the learned single Judge in w. P. (C) No. 72 of 2006 whereby the learned single Judge although disposed of the writ petition by holding that no relief can be granted to the petitioner as the work order had already been executed by respondent nos. 7 and 8, it was directed that the Chief secretary, Government of Jharkhand and the Secretary of the Rural Engineering Department should enquire into the matter regarding grant of tender to the respondent nos. 7 and 8 within four weeks from the date of receipt/production of the order passed by the Court.

(2.) THE State of Jharkhand who was the pro forma respondent before the learned single Judge has filed this appeal assailing the direction to the extent by which the Chief secretary and the Secretary, Rural Engineering department had been directed to enquire into the matter and in support of the same it was submitted that there was no prima facie case before the learned single judge to issue a direction for an enquiry into the matter.

(3.) CONTROVERTING this argument counsel for the respondent has contended that the learned single Judge having recorded in favour of the petitioner/respondent No. 1 herein to the effect that his bank guarantee was wrongly rejected by the concerned authority due to which he could not participate in the tender process, the learned single judge was not justified in issuing a direction for enquiry into the matter for fixing the responsibility on the officer who had rejected the bank guarantee furnished by the petitioner/respondent No. 1 herein.