JUDGMENT

SARKARIA, J.: — This appeal by special leave directed against a Division Bench judgment of the Kerala High Court raises a question with regard to the validity of an order dated June 20, 1968 whereby the Executive Engineer debarred the appellant from taking any further contract under the Buildings & Roads Division, Ernakulam.

2. The appellant is a Government Contractor of 16 years standing. He has been executing major building contracts. The Executive Engineer, P.W.D., Ernakulam (Respondent No. 1) invited tenders for executing certain repairs to the English and Mathematics Blocks of the Maharaja College at Ernakulam. The appellant submitted a tender, dated March 8, 1967, for doing this work. In response to a letter from Respondent No. 1, the appellant sent his consent letter, dated March 27, 1967 (Ex. P-1), agreeing to reduce rates of certain items of the work, on the condition that "as soon as the Selection Notice is issued the building should be got vacated to facilitate the starting of the work." The tender was then accepted by the Executive Engineer and a Selection Notice was issued to the appellant on March 31, 1967, in which it was, inter alia, stated that the "facilit