Excelsior Correspondent
Srinagar, June 25: Observing the case is fit for interim relief, High Court has stayed the circular of National Highway Authority of India (NHAI) debarring a contract-company from participating in the project for improvement and maintenance of Lakhanpur-Jammu highway section including Jammu bypass.
The NHAI in its circular has declared the aggrieved-company ineligible to bid for any work on highway for two years on the ground that his certificates on experience were found to be forged and fabricated resulting into participating in bidding competition or the contract fraudulently.
Challenging the circular, the company-M/S Rakesh Kumar Choudhary submitted before the court that the circular in question is arbitrary and illegal as it is against the terms and conditions of earlier contract agreement made between him and NHAI.
His counsel contended before the court that NHAI while issuing the circular has taken resort to clause 35 of the Instructions for Bidders which he said is absolutely misconceived as the contract has duly been completed by the contractor.
Court after having heard the case at length said, prima facie case for grant of interim indulgence is made out. “In the meantime till next date before the bench, operation of the impugned circular issue by NHAI is stayed”, Justice Sanjay Dhar directed.
Petitioner-contractor informed the court that he has deployed finances, men and machinery towards timely completion of the project and a performance to the satisfaction of the NHAI and the result was an event free completion of the work by the contractor under the contract in time to the satisfaction of NHAI.
It has been further added that the NHAI upon verification of the work on ground issued a completion certificate in this regard and NHAI also certified the satisfactory completion of more than 90 percent of the work as per the scope of work.
NHAI on the other hand averred that on enquiry from the authority, it was revealed that the experience certificates submitted by the contractor against a work of similar nature are fabricated as the same were not issued by the concerned authorities.
NHAI also submits that a show cause notice in this regard was issued to the contractor and the reply to the notice by the contractor was not satisfactory and specific as was asked the contractor to explain his position with regard to submitting of fabricated documents at the time of bidding process.
Counsel for the aggrieved contractor argued before the court that action of NHAI is premature as the matter is under investigation with regard to documents of contractor and the NHAI ought to wait for the outcome of the investigation and outcome of trial of FIR registered and the circular issued as such is liable to be quashed.
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