- (1.) Heard counsel for the parties. The petitioner is aggrieved because the agreement executed with him on 07.1.2006 being Agreement no. 16-F2 of 2005-06 has been terminated and the respondents have forfeited the security deposit and earnest money without any show cause or notice.
(2.) According to the petitioner, he had participated in a tender notice bearing N.I.T. no. 5 of 2005-06 for carrying out certain works in relation to Chandil left main canal of Swarnrekha for protection work of upstream and downstream slopes of structure at Kilometers 13.75 vide Annexure-1-N.I.T. Counsel for the petitioner submits that the petitioner was allotted the said work and agreement was also executed vide Agreement no. 16-F2 of 2005-06 but the work could not be executed for some practical difficulties, which were pointed out before the Superintending Engineer, Swarnrekha Canal Circle, Jamshedpur vide letter dated 12.1.2008, contained at Annexure-6 and the petitioner also represented before the Executive Engineer, Swarnrekha Canal Circle, Gangudih for modification of the design in order to ensure completion of rest of the work. However, the impugned order has been passed as contained at Annexure-9 dated 28.6.2012 apparently, without any show cause or notice, which is unsustainable in law.
(3.) Counsel for the respondent-State on the other hand submits that mere perusal of the impugned order passed by the Executive Engineer, Swarnrekha Canal Circle, Gangudih, Jamshedpur would show that the petitioner was allotted the said work in February, 2006 and required to be executed as per the N.I.T. no. 5 of 2005-06 in a maximum period of two months as would appear from Annexure-1 also, where the work in question is indicated at serial no. 6. However, the petitioner did not initiate the work and thereupon he was given notice vide letter no. 533 dated 01.06.2012. When the petitioner did not appear, a press notice by paper publication was made in Hindi Daily 'Prabhat Khabar' on 10.6.2012 indicating that the respondents- authorities would undertake the final measurement of the work and thereafter the final measurements of the work were undertaken on 14.6.2012 in the presence of the representative of the contractor-petitioner. Thereafter invoking the provisions of agreement contained in Clause 2 and 3 dated 11.2.2006, a decision has been taken to terminate the agreement in question as the petitioner has failed to carry out the works as per the agreement in time stipulated therein.;