- (1.) MR. Krishna Shankar, learned counsel appearing for the respondent State, submitted at the outset that the petitioner has got alternative remedy of appeal before the Secretary, Road Construction Department, Govt. of Jharkhand, Ranchi (Respondent No. 2). On this, MR. Sinha, learned counsel appearing for the petitioner, submitted that a counter-affidavit has been filed on behalf of the respondents including the respondent no. 2 and therefore, it would be empty formality to file appeal before him.
(2.) ON this, Mr. Krishna Shankar submitted that it is true that the counter-affidavit has been filed on behalf of the respondents, but the respondent no. 2 will decide the appeal on its own merits without being prejudiced by the statements made in the counter-affidavit. In reply, Mr. Sinha submitted that the petitioner will file appeal, but at least till the appeal is decided, respondents should not encash the bank guarantee. In the circumstances, petitioner is permitted to withdraw this writ petition with liberty to it to file appeal before the Secretary, Road Construction Department, Govt. of Jharkhand, Ranchi (Respondent No. 2) within two weeks, who in turn, after giving opportunity of hearing to the petitioner, will pass orders on the merits of the appeal without being prejudiced by the statements made in the counter-affidavit. This exercise should be completed as early as possible and preferably within four weeks from the date of filing of the appeal. Parties are directed to cooperate in the early disposal of the appeal. Till the disposal of the appeal, respondents will not encash the
(3.) BANK guarantee, but it will be kept renewed by the petitioner. It is made clear that this court has not gone into the merits of the respective cases of the parties. With these observations/directions, this writ petition is disposed of with the liberty aforesaid.;