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2004 DIGILAW 34 (UTT)

Rapti Contractors v. Union of India

2004-04-15

M.M.GHILDIYAL, P.C.VERMA

body2004
JUDGMENT Hon'ble P.C. Verma, A.C.J. & M.M. Ghildiyal, J.-Shri S.P. Singh, Chief Engineer, Central Public Works Department-II, Lucknow is present in response to notice issued by Court on 08.04.2004. He has filed an affidavit explaining that it was an error in judgment. He has withdrawn the order. He has tendered sincere apology, therefore the contempt notice under Article 215 of the Constitution of India is hereby discharged. 2. Learned Standing Counsel for Government of India may file counter affidavit to the writ petition within three weeks. 3. However, it is made clear that the entire statements of facts in the counter affidavit seeking vacation of the interim order that under what circumstances the contract was rescinded will he given within a period of three weeks though we have stayed the order of rescinding the contract. 4. The contractor is also restrained from undertaking any work. 5. List for final hearing after three weeks. In the meantime, the petitioner shall file rejoinder affidavit. 6. However, it is open for the Department to carry on the work at its own after the measurement of the work done by the petitioner. 7. The C.P.W.D. has entered into an agreement with the Held of the Department, Department of Earth Sciences, Indian Institute of Technology, Roorkee requesting him to test the sample at rock for its hardness within the scope of agreement according to C.P.W.D. specifications. 8. The Head of the Department, Department of Earth Sciences, I.I.T., Roorkee is directed to test the hardness of the rock used by the petitioner and also the quality of the work done by them. He can himself comply the aforesaid direction or may nominate any other Engineer for this purpose. 9. He shall also measure the entire •work done by the petitioner and submit a report to this Court on the next date of listing of this writ petition. 10. Rs. 5,000/- (Rupees five thousand only) will be paid for each visit to the Head of Department or whosoever undertakes the aforesaid assignment. 50% of this amount shall be borne by each party. 11. The expert shall complete the test of sampling work and measurement of the work done by the petitioner within five visits. 12. Certified copy of this order be supplied today.