period as per
para 3.5.5(v) of Odisha Public Work Dept. Code (OPWD
Code) Volume-I.
2.2 Levy of penalty @ 0.25% while granting extension ... wholly impermissible.
It was submitted that para 3.5.5(v) of OPWD Code Volume-
I under which the penalty was levied could not have been
invoked
bids is not provided for
in the Odisha Public Works Department (OPWD) Code and,
as such, the condition so imposed is contrary to law, which ... cannot be said to
be contrary to the provisions of the OPWD Code or the
Constitution, as the same is neither discriminatory nor does
parties that the Orissa Public
Works Department Code (for short, 'OPWD Code') would be
applicable to the grant of contracts by the opposite ... considered as single tender or not. The relevant Clause of the
OPWD Code is Clause-29. The pre-amended Clause-29 of the
OPWD Code
rule
(c) of Rule A of Appendix-XXXIV of the OPWD Code read
with Works Department Office Memorandum
No.16131/W, dated 26.11.2021. While ... DTCN in terms of Appendix-XXXIV of
the OPWD Code.
3.2. It is highlighted that challenging the decision to rescind
the contracts with respect
Volume-II of the Odisha
Public Works Department Code (for convenience, ―OPWD
Code‖) the petitioner in Letter No.3038 dated 15.07.2024
was instructed to make ... that
in terms of Clause 33 of Volume-II of the OPWD
Code the deposit was to be made on or before
22.07.2024;
iii. Letter
sidelines the Government
Order under Note-I of Para 3.5.5. of OPWD Code Vol. I, which does not
include bridge works for incentive eligibility ... OPWD Code Vol. I, as amended in 2004 and 2006, states that only
buildings, PH works (Rs. 40 Lakh Minimum), Road Works (Rs. 3 crore
Codal provisions of
Para-2.2.61(a) and 2.2.66(a) of the OPWD Code Vol-1
respectively.
(h) As ill luck would have it, without proper ... provision of Paras -2.2.61(a) and 2.2.66(a)
respectively of the OPWD Code Vol-1. The provisions of para-
2.2.66(a) of the OPWD Code
Government revised the agreement value by deducting
19.70% as per OPWD Code to Rs.2,95,43.535/- which was
approved on 16.09.2016 in terms ... Clause 3.5.5.(v) and
6.3.17 of the OPWD Code but the said revision was not for
the fault of the petitioner. Despite completion of work
contractor
following the procedure as per the Orissa Public Works
Department (OPWD) Code. Thereafter, a show cause notice
was issued to the contractor ... respondent. The procedure as
required as far as AppendixXXXIV of OPWD Code was
followed and thereafter, after considering the reply
submitted by the contractor
contractual and codal provisions of Para-
3.5.5(V) Note-III of OPWD Code Volume-I, vide Office
Memorandum no. 12366 dated 08.11.2013, changing the
rates ... brought in the Odisha Public Works Department Code (for
short "OPWD Code"). As per the Detailed Tender Call Notice
(DTCN), which was issued
