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2014 Supreme(Jhk) 1245

SHREE CHANDRASHEKHAR
Raaj Construction Co. – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner:Mr. Rupesh Kumar, Advocate
For the Respondent-State: Mr. Rajesh Kumar, G.P. V

ORDER

Seeking a direction for release of arrears of amount for the work executed by the petitioner-company, the present writ petition has been filed.

2. The brief facts of the case are that, pursuant to Notice Inviting Tender dated 16.01.1999, the petitioner was awarded work for execution of Residual Earth Work of Chandil Left Main Canal from K.M. 32.392 to 40.840. The letter of intent was issued on 11.10.1999 and agreement with the petitioner-company was executed on 05.11.1999. The Mechanical Carriage Item was sanctioned on the basis of (Current Schedule Rates) CSR1999 and all payments were made from the year 19992004 on CSR1999 basis. In terms of letter dated 30.07.1998 providing price escalation which was made part of the Notice Inviting Tender, on 19.09.2001 a proposal was directed to be sent and the Chief Engineer was directed to resolve the matter. The Chief Engineer accordingly, took a decision in terms of letter dated 30.07.1998 and vide letter dated 24.05.2003 sent a proposal for final approval of the department for payment of 90% amount of price escalation. The said proposal was referred to the Cabinate Vigilance Department, Government of Jharkhand for conducting enquiry w








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