- (1.) In this case arguments have been canvassed by counsel for the appellant at length and in pursuance of our order dated 24th November, 2015 a counter-affidavit has been filed by the Secretary, Building Construction Department, Government of Jharkhand with respect to construction of a sub-Jail at Madhupur, District Deoghar. It appears from this affidavit that : Without detailed project report the tender was invited. Without finalizing, upon which land the jail was to be constructed, the tenders were opened and was given to this appellant. Only two participants were there, as submitted by counsel for both sides which is, subject to verification, but, the fact remains that hardly one or two persons had participated in the tender and the contract was given to this appellant to construct a sub-jail upon some land which shall be finalised in future. This type of tender was given to this appellant in the month of July, 2006. Neither the land was finalised nor the plans were prepared. This is the wisdom of officers of the State of Jharkhand and this is the zeal of the State to construct a sub-jail in air. They were in too much hurry to give a contract for constructing sub-jail, otherwise, in a systematic manner, the procedure would have been followed. Thus, the contract was given to this appellant without detailed project report, without finalisation of the land and without approving plans by the Government for construction of Sub-Jail. The layout plan was approved by the Home Department on 12.3.2008 . We do not know what was the hurry for publication of tender and to give a contract. These plans were approved for 15.36 acres, but, at a later stage, only 3 acres land was made available. This is the planning in the State of Jharkhand and that too, by few officers of the State. In fact this is the grossest example of the carelessness, casual as well as callous approach on the part of the high ranking administrative officers. It appears that later on wisdom must have prevailed upon the State that the land made available is only 3 acres and the layout for construction of sub-jail is 15.36 acres and that the construction of a jail was not possible without encroachment upon the neighbouring lands and, therefore, now new site was given. No feasibility report has also been taken for a new site that whether this land at a new site is capable of having such a huge and massive construction. Soil testing etc. has also not been done. Never any revised plans were also thought of. The order was given to the contractor and by hook or crook he was directed to start the work and payment of Rs. 1,61,28.005/- has already been made to the contractor. This is nothing, but, the wastage of money. The construction is not yet completed. The building is in dilapidated condition i.e. hardly 20% of the construction has been done and, now, the contractor i.e. the appellant is saying that the land which is given by the Government is not suitable for the construction of Sub-Jail. Even office of Accountant General has given report that layout plan was for a "plain land" whereas land which has been allotted for the construction of sub-jail is "undulating land", where the construction of sub-jail is not possible. Now the State of Jharkhand on 24th June, 2011 has taken a decision to prepare detailed project report. Thus:- (a) One or more administrative officers of the State of Jharkhand took careless decision without envisaging the future difficulties. This is a wrong beginning just to favour a person or persons. (b) Tender was invited without detailed project report. The land , upon which the sub-jail was to be constructed, was also not finalized. (d) Tender was given to this appellant in the month of July, 2006. (e) Layout plans were sanctioned by the Home department in the month of March, 2008. (f) These plans were for 15.36 acres whereas the land made available was only 3 acres and later on 15.6 acres of land was made available, which was undulating land. (g) Half hearted beginning for construction of sub-jail by the State has resulted into non-completion of the work and payment of Rs. 1,61,28,005/- has already been made to the contractor for the useless construction. In May 2011 the contract was cancelled and now, i.e. on 24th June, 2011 the decision has been taken by the State that they shall go for detailed project report. (h) This is the style in which the State of Jharkhand is working. It is not that high ranking administrative officers are ignorant in this State because, this State has been bifurcated in the year, 2000 and by now, one and half decades period has expired. Several constructions have been carried out by the State by following correct procedure, but, in this construction to favour Mr. X, Mr.Y or Mr. Z, it appears that whole exercise has been conducted.
(2.) It appears that the State has no intention to construct a Sub-Jail at Madhupur. In fact this money should be recovered from the salary/pension of the erring officers and should be deposited in the Government treasury. We direct the Secretary, Building Construction Department to bring the original file, containing papers by which the tender was invited and given and the whole file about construction of the sub-jail at Madhupur by next date of hearing.
(3.) We, therefore, direct that those officers who are involved in this "scam type tender" should be forthwith suspended if they are working with the State of Jharkhand , as no care has been taken by the Government officers before inviting tender and their approach was very whimsical. The officers whose names find place in paragraph no.6 (F) in the affidavit dated 9th December, 2015 filed by Secretary, Building Construction Department are hereby directed to be joined as party respondents whose addresses will be supplied by the Secretary, Building Construction Department , Government of Jharkhand. The necessary amendment shall be carried out, in the memo of L.P.A. by red ink.;