ORDER RAVI MALIMATH, C. J. : – The case of the petitioner is that respondent No. 3 floated the bid for consultancy services for rehabilitation and up-gradation of Jabalpur Bhopal section of NH-12 from KM 10.400 to KM 130.00 to four lane with paved shoulder with provision of rigid pavement on EPC mode under NHDP-III in the State of Madhya Pradesh in February, 2016. The petitioner and others bid for the same. The financial proposal of the petitioner was accepted by the letter dated 11-7-2016. An agreement was executed on 28-7-2016. The respondent No. 2 entered into the contract dated 19-12-2017 for execution of the project with the contractor M/s Wagad Infra Projects Pvt. Ltd- M/s Sorathia Velji Ratna Co. (JV) for the purposes of this contract dated 19-12-2017.

2. The role of the petitioner in the said project was that of a consultant. It was their duty under the contract to advise and supervise the other contractor. Thereafter, a communication/show cause notice dated 22-7-2021 in terms of Annexure P/16 was addressed by Superintending Engineer of respondent No. 1 to the petitioner seeking for an explanation as to why Rs. 0.35 Crore COS for 50 meters long additional retaining wall/Toe