- (1.) HEARD learned counsel for the parties.
(2.) THE petitioner seeks quashing of the letter dated 533 dated 26.03.2007 (Annexure-6) by which a contract executed with the petitioner for construction of two check dams on Baghi Nala in the Bhawnathpur block of the district, Garhwa has been cancelled without giving any notice or opportunity of hearing to the petitioner. The facts, which are undisputed and borne out from the counter affidavit of the respondent themselves are that under the signature of Executive Engineer, Minor Irrigation Department, Notice Inviting Tender (in short N.I.T.) bearing Advertisement no. 1/2006-2007 was issued for construction of a series of check dams on Baghi Nala in the Bhawnathpur block of the District, Garhwa. Four contractors including the petitioner purchased bill of quantity, but only the petitioner participated in the said tender. The petitioner has quoted 15% below the scheduled rate, which is the lowest acceptable rate. The Superintending Engineer, Minor Irrigation Circle, Medninagar, respondent no. 3 vide letter no. 98 dated 23.02.2007 alloted the aforesaid work of series of check dams at Baghi Nala to the petitioner and directed him to execute the agreement for the said work within one week. The petitioner was asked by the Executive Engineer, Minor Irrigation Division, Garhwa to deposit the balance 3% of security deposit and execute the agreement within the stipulated period vide TO No. 383 dated 24.02.2007.
(3.) THE petitioner, accordingly, executed the agreement on 26.02.2007 after depositing the required 3% as security deposit bearing agreement no. 1F2 of 2006-07, which is annexed as Annexure-4 to the writ petition. The time period stipulated under the agreement for completion of work order was six months only and the agreement value was Rs. 30,94,769.00 and terms and conditions of the work had been described in the said agreement. However, by Annexure-6 dated 26.03.2007 issued by the Executive Engineer, Minor Irrigation Division, Garhwa, the work order has been cancelled on the basis of instruction of the Chief Engineer, Minor Irrigation Department, Ranchi. Annexure-7 is another office order issued by the Technical Adviser, Minor Irrigation Circle, Medninagar to the effect that on telephonic communication of the Chief Engineer, the work order of check dams is being cancelled. Learned counsel for the petitioner has assailed the impugned order stating that the same is a non-speaking order without giving any opportunity of hearing or show cause notice to the petitioner and has been done after execution of agreement as well as execution of part of the work to the extent of about 25%. Learned counsel for the petitioner submits that the work was to be executed within a period of six months only and the petitioner is not at fault, but the respondents have tried to justify the same stating that since only petitioner had participated in the tender out of four contractors, it has become the case of single tender, which cannot be approved as per the government Rules.;