SHIVLAL INFRATECH PVT LIMITED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) W.P. (C) No. 100 of 2018 This writ petition is against the order dated 19.12.2017 passed by Executive Officer, Municipality, Dumka whereby and whereunder while rescinding the agreement on the ground of violation of terms and conditions thereof, the petitioner has been blacklisted forever.

(2.) Brief facts of the case, as per the pleading made in the writ petition, is that in pursuance to 'Notice Inviting Application' dated 07.10.2017, 'Expression of Interest' to be selected for execution of work for cleaning/fogging etc., the petitioner has been found successful and in terms thereof, agreement has been executed to perform the said work for Ward No. 7, 8, 10 and 11 of Group No. 2; Ward No. 12, 13 and 14 of Group No. 3; and Ward No. 18, 21 and 22 of Group No. 5, as would be evident from Memo Nos. 1701, 1702 and 1704 dated 13.10.2017, the Annexure 1 series to the writ petition. The petitioner has commenced the work in terms of the agreement. As per Condition No. 5, for performing the work of fogging the fogging machine is to be provided by the Municipality itself but in spite of the repeated requests/demands made in this regard, fogging machines could not be supplied to the petitioner.

(3.) During the subsistence period of agreement, show cause notices were served upon the petitioners for non-compliance of the terms and conditions, as to why the petitioner's unit be not blacklisted, upon which, the petitioner has submitted specific reply, but according to the petitioner without considering the reply to the show cause submitted by the petitioner, the agreement was rescinded for Group No. 2, 3 and 5 of the concerned wards by blacklisting the petitioner forever.