ORAL JUDGMENT

Date : 11-07-2024 Heard the learned counsel for the parties.

2. This writ petition has been filed for the following relief(s):-

“i) To issue a Writ in the nature of Certiorari for quashing the Notice of Termination under Clause-9.2 of the contract Agreement as contained in Letter No.-Ni,Ko-12/2023-830/L.A issued under the signature of under Secretary, Bihar Legislative Assembly Secretariat, Patna.

ii) To issue a Writ in the nature of Certiorari for quashing the Termination of Service Agreement dated 24.02.2023 as contained in Letter No.- Ni,Ko-12/2023-1174/L.A issued under the signature of Under Secretary, Bihar Legislative Assembly Secretariat, Patna.

iii) Consequent upon quashing of the above letters, Issuance of a Writ in the nature of Mandamus commanding the respondents to allow the petitioner to continue the work uninterruptedly for a period of 3 years from the date of signing of Agreement dated 24.02.2023 till 23.02.2026.

iv) During the pendency of the Writ application, the respondents may be restrained from creating 3rd party right related to a new tender during the pendency of the writ application.

v) During the pendency of the Writ application, the respondents may kindly be directed not to take any coercive action against the petitioner.

vi) During the pendency of the Writ application, the respondents may kindly be directed not to encash the Bank Guarantee.”

3. The present writ petition is disposed of with the consent of both the parties.

4. Mr. P.K. Shahi, Learned Advocate General appearing on behalf of the respondents has taken a preliminary objection with regard to the maintainability of the present writ petition. Learned Senior counsel has stated that the petitioner is having an alternative and efficacious remedy of approaching an arbitrator as per the terms and conditions of the agreement entered between the parties.

5. Learned senior counsel Sri. S.D. Sanjay appearing on behalf of the petitioner has stated that the present writ petition is maintainable as the impugned order is passed in violation of principles of natural justice and equity. Learned counsel has stated that the petitioner has been awarded the contract for conducting the examinations for recruitment of security guards for the Legislative Assembly and to that effect they have entered into an agreement dated 24.02.2023. That in order to conduct a foolproof examination, the petitioner had requested the authorities for providing necessary jammers and also disconnect the internet services. The said request was made so as to prevent the leakage of any question papers/ information with regard to the exams slated to be conducted by the petitioner as per the advertisement No. 01 of 2023 dated 14.04.2023. It is further stated that the tentative date of examination was fixed by the petitioner on 30th July 2023 but due to the unpreparedness of the administration, the same had to be postponed. That subsequently the petitioner has successfully conducted the examination on 10.09.2023 and all the consequential tests were also completed. However, the authorities contrary to the terms and conditions of the agreement have terminated the contract in an arbitrary manner. Learned counsel has stated that the authorities have passed the order of termination without considering the explanation submitted by the petitioner and not supplied the material that they have relied on for terminating the contract. Learned counsel has drawn the attention of the Court to the various provisions of the agreement to buttress his contention that the show cause notice issued to the petitioner is not in strict compliance of the terms and conditions of the agreement. That the explanation submitted by the petitioner to the show cause notice has not been considered at all by the authority before the impugned order was passed. The authority while passing the impugned order of termination has taken into account, the internal report which was not furnished to the petitioner and some of the