AKASH CONSTRUCTION Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder the order as contained in Memo No.429 dated 18.04.2013 passed by the Municipal Corporation, Dhanbad by which the petitioner has been blacklisted for indefinite period without any notice and as such this writ petition has been filed.

(2.) The brief facts of the case of the petitioner is that he had participated in the bid in pursuance to the notice inviting tender being NIT No.03/2010-11 which was floated by Dhanbad Municipal Corporation, Dhanbad for construction of one Black Top Road from Sri B.N. Singh Hotel, Tetulmari towards West, Munidih under group-C in which he has been declared to be successful and accordingly letter of allotment has been issued on 05.03.2011.

(3.) The terms and conditions of the contract was that the work was to be completed within a period of three months i.e., from 23.03.2011 and to be completed up to 22.06.2011 as per the agreement entered into in between the petitioner and the competent authority vide agreement No.20F2/2010-11 but the work could not have been completed since the DO Letter has not been issued for purchasing Bitumen from the authorized dealer which is the requirement to get the Bitumen as would be evident from communication dated 18.11.2011 (Annexure-4) issued by the Chief Executive Officer, Dhanbad Municipal Corporation, Dhanbad requesting therein to supply the Bitumen which is to be used in the Government work but even then the Bitumen has not been supplied, thereafter, the agreement was rescinded and allotted in favour of the other bidder who has completed the work but the authority taking this as an irregularity has passed the order of blacklisting for indefinite period vide impugned order, therefore, the instant writ petition interalia, is on the ground that the blacklisting for indefinite period cannot said to be commensurate with the irregularity committed and that too when there is no antecedent of the petitioner of not completing the other works floated by the respondent-Corporation.