Amitav K. Gupta, J. - (1.) The petitioner has prayed for issuance of an appropriate writ/order for quashing the order, dated 5-6-2014 of the respondents refusing to release the outstanding dues of Rs. 11,61,70,081/- in favour of the petitioner in terms of the agreement, dated 25-9-2012, for printing and supplying of the text books for Class VIII by the petitioner, for the academic session 2013-14.
(2.) Petitioner's case is that the tender dated 25-8-2012 (Annexure-1) for printing and supplying of text books, for Classes I to VIII was floated by the respondent/Jharkhand Education Project Council under the signature of Principal Secretary, Human Resource Development (HRD) Department-cum-State Project Director, JEPC, Ranchi.
(3.) The petitioner participated in the bidding process and submitted the requisite documents (Annexure-2) and gave his consent for printing and supplying of text books for Class VIII, at the lowest rate vide letter, dated 24-9-2012 (Annexure-4). The contract was valued at Rs. 16,62,79,595/-. The petitioner furnished the bank guarantee of Rs. 83,13,980/-, i.e. 5% of the amount as security, and the work other, dated 25-9-2012 (Annexure-6), was issued in favour of the petitioner. The agreement/contract dated 25-9-2012 (Annexure-21) was executed and entered into by the petitioner and the respondents, consequent thereto, an advance amount of 30%, i.e., Rs. 4,88,86,200/- of the contract value was released in favour of the petitioner vide Annexure-8. As per terms of the work order and contract the text books, of Package No. 8 (i.e. for Class VIII), were to be delivered at the destination point within 145 days.;