PANDA INFRAPROJECT LIMITED Vs. STATE OF ODISHA

JUDGEMENT

(1.) The challenge in the present petition by the Petitioner, who is admittedly a Super-Class Contractor is to an order dated 12th December, 2017 passed by the Chief Engineer (DPI and Roads), Odisha banning the Petitioner 'from participating or bidding for any work to be undertaken by Government of Odisha' and also banning it from 'transacting business with Government of Odisha either directly in the name of propriety bidder or indirectly under different name or title'.

(2.) The background to the present petition is that the Petitioner, who is a contractor involved in the construction of rail over bridge (ROB) along with bridge over ROB at-L.C. No-188- SPL- 3E at-RD-433/23.25 km. of Howrah-Chennai Railway Line at RD-1/200 km from N.H.-203 (Bomikhal Square) connected to RD-1/30 km. to Janapath Via-Maharshi College, Saheed Nagar. It is stated that there was an accident where ten meters slab collapsed during the concreting of the said ROB at Level Crossing No.188 SPL-3E, Bhubaneswar resulting the death of one person and injuries to some others.

(3.) As a result of this incident, a Committee was formed by the Works Department, Government of Odisha to enquire into and submit a detailed report. That report was submitted on 26th September, 2017. The said inquiry report is stated to have placed the responsibility for incident on the Petitioner.