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2014 Supreme(Raj) 1463

P.K.LOHRA
Nayak Construction – Appellant
Versus
State of Rajasthan – Respondent


For the Petitioner:C.S. Kotwani with S.P. Joshi, Advocates.
For the State: Mukesh Dave, Dy. Govt. Counsel
For the Respondent No. 4:Sachin Acharya, Advocate.

JUDGMENT

1. - Petitioner, a proprietorship firm, having status of "AA" Class Contractor with the Public Works Department (for short, 'PWD') has launched this legal battle against the order dated 27th of November 2012 (Annex.6) passed by the second respondent, whereby it was blacklisted in terms of Appendix XVI Part II Section VIII of the Standard Code Para VIII.4 of the Public Works Financial and Accounts Rules.

2. The facts, in brief, giving rise to this writ petition are that petitioner firm a "AA" Class contractor of PWD is involved in various construction works at District Dungarpur. The said status of "AA" Class contractor was conferred on the petitioner firm by the Chief Engineer, Public Works Department, Jaipur vide order dated 31st of July 2009 (Annex.3). According to the version of the petitioner, fourth respondent while working as Executive Engineer, PWD, Dungarpur, with ulterior motive withheld some of the bills of the petitioner firm to extract illegal gratification for their clearance. With a view to struck a deal for clearance of bills, the fourth respondent invited the proprietor of the firm at his residence on 25th of October 2012. When the proprietor of the petition
















































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