Pradeep.P. vs. The Superintending Engineer
Held
The High Court found that the Secretary to Government had considered the petitioner's contentions and provided an opportunity of hearing before rejecting the request for extension and upholding the contract termination. The Court found no arbitrariness, mala fides, or legal infirmities to warrant interference under Article 226 of the Constitution.
Facts
A PWD contractor challenged the termination of his contract for maintenance and construction work at Kuttalam Palace buildings, which was done at his risk and cost. He argued that the termination was irregular, without hearing, and failed to consider pandemic lockdowns, non-handover of sites, and structural issues. His previous representation to the government for extension was rejected.
Key Issues
The key issues were the legality of the PWD contract termination at the petitioner's risk and cost and the validity of the government's decision to reject the petitioner's request for an extension of time.
AI-generated summary — verify with the full judgment below
W.P.(C) No. 21579 of 2022 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 9TH DAY OF FEBRUARY 2023 / 20TH MAGHA, 1944 WP(C) NO. 21579 OF 2022 PETITIONER: PRADEEP.P., AGED 57 YEARS S/O.PUSHKARAN, PUNARTHAM, KOOTTIKADA P.O., KOLLAM-691020. BY ADVS. P.SATHISAN DONA AUGUSTINE BIJU P.PAUL RESPONDENTS: 1 THE SUPERINTENDING ENGINEER, PWD BUILDINGS SOUTH CIRCLE, PUBLIC OFFICE COMPLEX, MUSEUM P.O, THIRUVANANTHAPURAM -695033. 2 THE EXECUTIVE ENGINEER, PWD BUILDINGS DIVISION, BEACH ROAD, KOLLAM P.O., KOLLAM-691001. 3 THE ASSISTANT EXECUTIVE ENGINEER, PWD BUILDINGS SUB DIVISION, CIVIL STATION, PUNALLUR P.O., PUNALUR - 691331 4 THE ASSISTANT ENGINEER, PWD BUILDINGS SECTION, MINI CIVIL STATION, ANCHAL P.O., KOLLAM-691306. 5 THE CHIEF ENGINEER (BUILDINGS), PUBLIC WORKS DEPARTMENT, PUBLIC OFFICE COMPLEX, MUSEUM P.O, THIRUVANANTHAPURAM-695033. 6 THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695001. BY SPECIAL GOVERNMENT PLEADER SRI K.V MANOJKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOW
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