Ashok Kumar Gaur, J. - (1.) The petitioner-firm has filed the instant petition challenging the order dated 28.11.2016 passed by the Principal Secretary, Department of Public Health and Engineering, Government of Rajasthan, Jaipur. The respondents have invoked Clause (20) of Rate Contract for breach of contract by the petitioner-firm and the impugned order imposes following four actions for breach of contract:- (i) Contract security of petitioner stands forfeited i.e. Rs.10.52 Lakhs. (ii) The petitioner-firm is debarred from further business with the department for a period of 2 years from the date of impugned order. (iii) The petitioner-firm is liable for recovery under risk and cost purchases. (iv) Pending payment of the petitioner-firm has been withheld (Rs.1.31 Crores approximately, as per the petitioner-firm's version).
(2.) The petitioner-firm while assailing the said order, has made following prayers in his writ petition in the prayer clause:- "It is, therefore, most respectfully prayed that your Lordships may graciously be pleased to call for and examine the record and thereafter may kindly accept and allow this Writ Petition with exemplary cost and by an appropriate Writ, Order or Direction be pleased to: (i) Quash and set aside the impugned Order dated 28.11.2016 (ANNEXURE-4 (COLLY) issued by Respondents; (ii) Direct the Respondents to immediately release the Security Deposit furnished by the Petitioner against the Rate Contract dated 04.10.2013 along with applicable interest from the date the same became due; (iii) Restrain the Respondents from making any coercive recovery from the Petition for any risk and cost purchases that may be effected against the Rate Contract dated 04.10.2013: (iv) To take on record any further orders that may be passed by the Respondents against the Petitioner during the pendency of the Writ Petition and quash and set aside the same; (v) Any other appropriate Writ, Order or Direction, in the present facts and circumstances of the case, which are deemed just and proper by this Hon'ble Court may also be passed in favour of the Petitioner."
(3.) The brief facts of the case are that the NIT No.Subpump/12- 13/31 was floated by the Public Health & Engineering Department for supply of ISI marked 5 star rated submersible pumpsets for a period of 12 months.;