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2024 Supreme(Cal) 1038

SHAMPA SARKAR
Krishi Ifratech Bangalore – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Aniruddha Chatterjee, Mr. Raja Saha, Mr. Anujit Mookherji, Mr. Prithish Chandra,
For the Respondent: Mr. Ashok Bhaumik, Mr. Navneet Misra

JUDGMENT :

Shampa Sarkar, J.

1. This writ petition arises out of the termination notice dated June 24, 2024 issued by the Chief Engineer/CON/HQ/GRC. The said notice reads as follows:

    “Ref: 1. CE/C/HQ/GRC’s 48 hrs’ Notice letter no. SER/CON ORGN/HQ/POST TENDER/4402/594 dt. 04.06.2024.

2. Dy. CE/C/GRC’s office 7 days’ Notice letter No. CE/C/South/GRC/DSPN-Nandigram/KInfratech dt.09.05.2024.

Dear Sir,

Forty-eight hours (48 hrs.) notice was given to you under this office letter of even NO.594, dated 04.06.2024; but you have taken no action to commence the work/show adequate progress of the work.

Since the period of 48 hours’ notice has already expired, the above contract stands rescinded in terms of Clause 62 of the Standard General Conditions of Contract and the balance work under this contract will be carried out independently without your participation. Your participation as well as participation of every member/partner in any manner as an Individual or a partnership firm/JV is herby debarred from participation in the tender for executing the balance work land your Security Deposit shall be forfeited and Performance Guarantee shall also be encashed.”

2. The petitioner is aggrieved for the

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