- (1.) The learned Senior counsel for the petitioner seeks permission to withdraw this application with liberty to file fresh writ petition challenging the proceeding before the Certificate Officer in Certificate Case No. 01/2008-09 and Certificate Case No. 02/2008-09. Accordingly, I.A. No. 582 of 2015 is withdrawn with liberty to the petitioner to challenge proceeding in Certificate Case No. 01/2008-09 and Certificate Case No. 02/2008-09. W.P.(C) No. 2749 of 2011 Seeking quashing of letter dated 15.02.2008, letter dated 09.06.2008 and memo dated 24.09.2010, the present writ petition has been filed.
(2.) The brief facts of the case are that, the petitioner-company is a Class-I contractor registered with the Road Construction Department, Government of Jharkhand, which was awarded three work contracts and accordingly, Agreement No. 01F2/2004-05 and Agreement No. 02F2/2004-05 both dated 09.09.2004 and Agreement No. 30F2/2004-2005 dated 06.03.2005 were executed. The petitioner-company started execution of the work under contract however, due to frequent interference by the unsocial elements and non-co-operation of the respondents in not providing protection, the execution of the work was substantially affected. Compelled, the petitioner lodged First Information Report being Jaridih P.S. Case No. 36/2005 dated 02.04.2005 under Sections 323, 307, 386 r/w 34, IPC. The petitioner was surprisingly issued show-cause notice dated 04.05.2005 for alleged slow progress of the work and vide letter dated 09.06.2008, agreement was terminated by the respondent No. 5. The representation of the petitioner for referring the matter to a retired Hon'ble Judge for arbitration was also not accepted by the department and vide letter dated 24.09.2010, the petitioner-company was debarred from participating in any tender in future.
(3.) A counter-affidavit has been filed stating that the petitioner-company did not complete the work in time and in fact, it committed fundamental breach of the terms of the contract. The allegation of non-co-operation by the department has been denied and it is stated that remaining work under the agreements have been smoothly completed by another agency, even before the stipulated time.;