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1998 Supreme(Pat) 850

AFTAB ALAM
Shiva Narayan Lal – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the petitioner: M/s Sudhir Kumar Katriar, Awadh Kishore Singh.
For the State : Mr. Satish Kr. Sinha.

ORDER :

The same petitioner has filed these two writ petitions, seeking different reliefs in this same set of facts and circumstances. These two petitions were, therefore, heard together and are being disposed of by this common ORDER :.

2. The relevant facts, in brief, can be stated thus. In 1978-79 while the petitioner was posted as Executive Engineer in Saran Canal Division, Gandak Project, he gave work ORDER :s for an aggregate sum of about Rs. 10 lacs. The work ORDER :s were given on nomination basis and without inviting tenders. According to the petitioner the total amount was spread over 90 work ORDER :each of which was for a sum under Rs. 25,000/-, that it was within his competence to give work ORDER :for a sum not exceeding Rs. 25,000/- without inviting tenders and further that the works in question were of emergency nature and the facts and circumstances in each case justified the issuance of the work ORDER :by-passing the lengthy procedure of inviting tenders etc. He was, however, put under suspension by ORDER :, dated 14.8.1982 in contemplation of a disciplinary proceeding on the charges of insubordination and abuse of his official position and further that his action in m






























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