S.J.MUKHOPADHAYA, J. - (1.) THE petitioner, a Class 1A Contractor, has challenged the order dated 18th August, 2001 passed by the Respondent -Engineer -in -Chief, Public Works (Road Construction) Department (for short PWD Roads), Government of Jharkhand, Ranchi, whereby and whereunder, he has been black listed.
(2.) THE case of the petitioner is that he was registered as Class 1A Contractor with PWD (Roads) with Registration No. 251/85 and since then he has been working as such satisfactorily as a Class 1A contractor. He had been working even prior to that as a Contractor of other categories in this Department as also various other Departments of the State. The dispute arose when a tender was floated by the Road Construction Department for strengthening and special repair of Ranchi - Daltonganj Road from KM 42 to 61 (phase 1) on the naxalite affected area of South Chotanagpur by HMP/double drum. The petitioner was found to be a successful tenderer and an agreement was reached and work order was thereafter executed between the department and the petitioner on 19th March, 1999. There were certain conditions of contract i.e. the works to be supervised by the Executive Engineer. According to the contract, the petitioner had to complete the work within a year. However, the condition of the road was such that the petitioner could not carry out the work, as there were large areas of the road which had pot holes and the flanks being in depression. The petitioner represented before the Executive Engineer concerned, who executed the agreement and thereafter the Department requested the petitioner to submit cross section, which the petitioner submitted and the department agreed that the condition of the road was not proper for the petitioner to carry out the work and Supplementary Part B agreement executed after 1 -1/2 years by which it was decided that the Department would do the base road repairing i.e. repairing of pot holes, making the road base etc. But in absence of preparation of road base, the petitioner could not start the work. According to the agreement, the State was to supply Bitumin but it having not supplied, the petitioner brought the matter to the Respondents by representations dated 14th August99 and 8th September2000, in pursuance of which the Superintending Engineer, PWD (Roads) asked the Executive Engineer, PWD (Roads), Dhur -way Ranchi to make available the Bitumin as the work was hampering. The Executive Engineer was held to be responsible for delay.
(3.) FURTHER case of the petitioner is that because of anti - social elements and the area having infested with M.C.C. and Naxalite supporters, he represented the State to provide security vide letters dated 23rd May, 2000 and 20th December, 2000. Subsequently, the work was started. A meeting of senior officers of the Department took place on 18th December, 2000 in which petitioner also attended to discuss the work progress. The Minister in -charge of the Department inspected the road on 26th December. 2000. On such date, the Minister declared on the site that he has black listed the petitioner, which statement was also published in the local newspaper, vide Annexure 7 series. It is only thereafter, a show cause -notice was issued to the petitioner on 14th March, 2001 to which petitioner replied denying the allegations. whereinafter the impugned order dated 18th August, 2001 was issued by the Engineer -in -Chief, PWD (Roads), Govt. of Jharkhand. Ranchi, blacklisting the petitioner.;