Joymalya Bagchi, J. - (1.) THE writ petitioner is posted as a Senior Architect in the Andaman Public Works Department (APWD for short). He has assailed the circular dated 13.12.2012 issued by the Chief Engineer, Andaman Public Works Department, respondent no. 4 herein, inter alia, directing that clause 30.4.2 of CPWD Works Manual, 2012 need not be implemented in Andaman Public Works Department in respect of completed works and for new works costing more than Rs. 250.00 lakhs the applicability of such clause would be optional.
(2.) CLAUSES 30.4.1 and 30.4.2 of CPWD Manual 2012, inter alia, provides for issuance of completion certificate by the Superintending Engineer in respect of all completed works and by Senior Architect Incharge of such works/Consultant Architect in respect of all completed works valued at Rs. 250 lacs and above on a mandatory basis and for other completed works at the option of the Chief Architect/Chief Engineer. For better appreciation, the aforesaid clauses are set out hereunder. "30.4.1. Completion certificate to be recorded by the Superintending Engineer in whose tenure the work is completed. (1) The completion certificate is required to be recorded by the Superintending Engineer in whose time the work is completed irrespective of the fact that a part of the work may have been done during the incumbency of his predecessor. The Superintending Engineer recording the certificate is not responsible for work which may have been covered up during the incumbency of his predecessor, for instance, work in foundations or below the concrete flooring, but he is required to point out the defects which are visible, for instance, defects in the doors and windows, plastering flooring, painting etc. The Superintending Engineer should necessarily record the completion certificate for the works completed in his tenure on the post before he handover the charge to his successor on transfer. (2) In specific cases where there are practical difficulties, such as the Superintending Engineer being no longer in the Department due to resignation, death, etc. in getting the completion certificate recorded by him, the Chief Engineer may decide any relaxation of the existing instructions after examining the details of the case, and issue directions accordingly. Administrative action should also be initiated against the Superintending Engineer for not taking proper/timely action in getting the completion certificate recorded, whatever justified, as revealed by the facts of the case. 30.4.2 Inspection of works by Senior Architect (1) The Senior Architect In -charge of the work/consultant Architect is required to certify on completion of particular building that it has been constructed according to the approved drawings design and specifications. (2) In case of any unauthorized deviation, the certificate of completion shall not be given unless the defect or deviation has been rectified top the satisfaction of the Senior Architect/Consultant Architect. Such certificate by the Senior Architect/Consultant Architect will be required for works costing Rs. 250 Lakhs and above. The Chief Architect/Chief Engineer may, however, decide whether a particular building involving less than Rs. 250 Lakhs (Modified as per OM/MAN/200) (Contract Amount) will require the certificate from the Senior Architect or not." (3) The form of certificate to be given by the Senior Architect is as under: - "Name of Project................................... I do hereby certify that the work.............. has been inspected on........... by me and has been completed on................. according to the plans, elevation, sections, details and specifications of architectural items prepared by me. The work has been completed to my general satisfaction and the workmanship and the whole of the materials used for finishing items are satisfying the architectural aesthetics." (4) Completion certificate from the Senior Architect/Consultant Architect is necessary before final bill is paid to the contractor. (5) In the case of such work, the Executive Engineer should inform the Senior Architect/Consultant Architect concerned of the work having been completed in all respects within one month of the physical completion of the work, and request him to carry out his inspection and record the required completion certificate. The Senior Architect/Consultant Architect shall inspect the work and issue the certificate within 3 months of receipt of such an intimation. (6) An attested copy of this certificate of the Senior Architect shall be attached with the office copy of the final bill along with that of the Superintending Engineer, and it shall remain in the record of the Division."
(3.) BY notification dated 7.11.2002 issued by the Commissioner -cum -Secretary (PWD), Andaman and Nicobar Administration the provisions of the CPWD Code, CPWA Code and CPWD Manual Vol. I to IV (including any other manual issued by the Director General (Works), CPWD) were made applicable to APWD in all respect unless any specific order to the contrary was issued for any particular subject or matter. The said notification reads as follows: - "ANDAMAN AND NICOBAR ADMINISTRATION CHIEF COMMISSIONER'S SECRETARIAT NOTIFICATION No. Genl -1/PE/WS/520 dt. 21.10.75. The Public Works Department in the A& N Islands was placed under Administrative control of the Chief Commissioner, A & N Islands, vide Govt. of India's circular No. E -1(61)/51 dated 3, 4, 51 from the under Secretary, Ministry of Work. The Chief Commissioner, A & N Islands has been pleased to notify that the APWD, shall follow the provisions of the CPWD Code, and CPWD, Manuals Vol. I to IV (and any other volume which will be issued by the Engineer, in -Chief CPWD) in all respects unless any specific orders to the contrary have been issued on any particular subject or matter. Sd/ - (B.A. SATYANARAYANA) Secretary (PW) A & N Administration;