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SANJAY KUMAR MEDHI
Somer Ali, S/o. Haji Sukur Ali – Appellant
Versus
State Of Assam, To Be Rep. By The Comm. And Secy. To The Govt. Of Assam, P. H. E Deptt. – Respondent
JUDGMENT :
Heard Shri M. H. Laskar, learned counsel for the petitioner. Also heard Shri R. R. Gogoi, learned Standing Counsel, PHE Department. Shri S. Biswas, learned counsel has appeared for the respondent no. 5.
2. Considering the facts and circumstances and also taking into account that pleadings are complete, the instant case is taken up for disposal at the admission stage itself.
3. The challenge in this writ petition is in connection with an order dated 07.06.2023 by which the Preliminary Work Order offered to the petitioner has been cancelled. However, before going to the issue, it would be beneficial if the basic facts of the case are narrated in brief.
4. The petitioner claims to be registered Class-I (C) Contractor under the PHE Department. He had participated in a tender process in which his offer was found to be valid and accordingly issued a preliminary Work Order on 24.05.2023. The work in question was “Implementation of Kalachanpara new piped Water Supply Schemes of Dhubri Division under the programme Jal Jeevan Mission Assam”. One of the condition of the Preliminary Work Order was that performance guarantee of 5% was to be submitted. It is the contention of the peti
A party failing to comply with contractual terms may be subject to termination even if claiming force majeure circumstances.
The cancellation of a tender based on a quashed blacklisting order without a stay is arbitrary and unsustainable under judicial review, affirming the obligation of authorities to act fairly in public....
Work order cancellation requires evidence of non-compliance; unsubstantiated allegations insufficient and arbitrary.
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