SHYAMLAL AGRAWAL Vs. STATE OF CHHATTISGARH AND OTHERS
HIGH COURT OF CHHATTISGARH
STATE OF CHHATTISGARH AND OTHERS
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L.C. Bhadoo, J. -
(2.) The petitioner has preferred this writ petition under Article 226 of the Constitution of India questioning the legality, propriety and correctness of the order dated 6.3.2004 (Annexure P- 14) passed by respondent No. 2-Engineer-in-Chief, Public Works Department, Raipur whereby respondent No. 2 has debarred the petitioner herein from participating in any tender process of Public Works Department in Chhattisgarh for a period of two years from the date of the order.
(3.) Brief facts leading to filing of this petition are that the petitioner herein is a registered contractor. In response to the notice-inviting tender (for short 'N.I.T.') issued by the respondents for construction of Achanakmar-Keochi-Kabir Chabutara road, the petitioner put in his tender papers and ultimately the tender of petitioner was accepted and the work to construct the said road was allotted to the petitioner. An agreement to that effect was executed on 5.6.2002 between the parties and work order was also issued on the same day. The work was to be completed within the period of 8 months excluding the period of rainy season. However, the petitioner could not complete the work, therefore, a show cause notice dated 22.7.2003 (Annexure P- 12) invoking sub-clauses (3) (a) (b) and (c) of the agreement was issued to the petitioner. The petitioner filed reply to the said show cause notice on 5.8.2003 (Annexure P-13) and it was mentioned in that reply that on account of unprecedented rain during the period and non-supply of the hot mix plant by the manufacturer to him he could not complete the work and sought for extension of time. fie also requested for enhancement of C.S.R. rates, but the request of the petitioner was not accepted. The petitioner vide letter dated 6.2.2004 also requested for the payment of Rs. 1,98,02.000/- for the work already executed by him. However, respondent No. 2-Engineer-in-Chief by invoking the clause of special condition vide order dated 6.3.2004 (Annexure P-14) imposed a penalty debarring the petitioner from participating in any tender process of Public Works Department in Chhattisgarh for a period of two years. This order has been challenged by the petitioner by way of this petition on the ground that the impugned order was passed without affording any opportunity to the petitioner to explain the circumstances under which the work could not be executed in time.;
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