Jammu & Kashmir High Court
M/S Pardeep Electricals And Builders vs Union Of India And Ors on 13 September, 2022
Author: Sanjay Dhar
Bench: Sanjay Dhar
Sr. No. 80
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 1859/2022
CM No. 5178/2022
M/s Pardeep Electricals and Builders .....Appellant(s)/Petitioner(s)
Pvt. Ltd.
Through: Mr. Pranav Kohli, Sr. Advocate with
Mr. Arun Dev Singh, Advocate
Vs
Union of India and ors. ..... Respondent(s)
Through: None
Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER
The petitioner has challenged communication No. 66546/SS/R-2/QE MAR 2022/33/E8 dated 28.07.2022 issued by the respondents, whereby the petitioner has been bracketed in the column of slow progress of work and it has been marked that the petitioner cannot be considered for handling more work load.
Learned Senior counsel for the petitioner has submitted that the aforesaid communication has been issued by the respondents without adhering to Section 33.2 (vii) of MES Manual of Contracts, inasmuch, as no show cause notice has been issued to the petitioner before issuing the impugned communication. It is further contended that the works in respect of which the petitioner has been remarked as having slow progress, stand already foreclosed way back in the year, 2017 and as such, there was no cause for the respondents to remark that there is slow progress of work on the part of the petitioner.
Having heard learned Senior counsel for the petitioner and having perused the record, a case for grant of interim indulgence is made out. 2 WP(C) No. 1859/2022
Issue notice to the respondents, subject to taking of steps by the petitioner within a week's time.
Be listed on 01.11.2022.
In the meanwhile, till next date of hearing before the Bench, the impugned communication No. 66546/SS/R-2/QE MAR 2022/33/E8 dated 28.07.2022, qua the petitioner in respect of Work Load Report for the quarter ending March, 2022 shall remain in abeyance.
(SANJAY DHAR ) JUDGE Jammu 13.09.2022 Tarun