JUDGMENT :

The petitioner, a contractor engaged by the State Public Works Department for the work “Special Package Non Plan works 2020-21-Improvements (BM & BC) to Vypin-Pallipuram Parallel road Ch. 11/000 to 17/000”, has filed this writ petition challenging Exhibit P26 order dated 15.03.2023 passed by the Superintending Engineer, PWD Roads Division, Central Circle, Aluva Ernakulam District--respondent No.3; whereby the contract was terminated at the risk and cost of the petitioner.

2. The basic facts for the disposal of the writ petition are as follows:

On the basis of Exhibit P1 Notice Inviting Tender dated 15.02.2021, the petitioner participated in the tender and was awarded the work as per Exhibit P2 letter of acceptance; consequent to which Exhibit P3 agreement dated 08.09.2021 was executed by and between the parties.

3. As per the terms and conditions of the tender, the petitioner has provided a bank guarantee of Rs.8,83,750/-, which is valid upto 14.01.2027. The petitioner had submitted initial levels to the Assistant Engineer, PWD Roads Section, Njarakkal, respondent No.6, evident from Exhibit P4 communication dated 18.08.2021.

4. According to the petitioner, the said levels wer