K.K.Varghese vs. State Of Kerala
Held
The Court quashed the termination order (Ext.P14), holding that it violated fundamental principles of natural justice and Clause 10 of the agreement, which mandated a 14-day notice and a hearing. The Panchayat was directed to issue a fresh notice and provide a reasonable opportunity of hearing before finalizing any termination proposal.
Facts
The petitioner, a contractor, was awarded a road re-tarring work by Pulpally Grama Panchayath. After executing the agreement and mobilizing materials, the contract was terminated by Ext.P14 without prior notice or an opportunity of hearing, which the petitioner challenged.
Key Issues
Whether a public works contract can be terminated without issuing a prior notice and affording an opportunity of hearing to the contractor, especially when the agreement itself stipulates such a procedure.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 5TH DAY OF JANUARY 2023 / 15TH POUSHA, 1944 WP(C) NO. 21086 OF 2022 PETITIONER/S: K.K.VARGHESE, AGED 62 YEARS S/O. KURUVILLA, KUNNATH HOUSE, PERIKKALLOOR P.O, PULPALLY, WAYANAD DISTRICT 673 579. BY ADVS. ABRAHAM MATHEW (VETTOOR) ANIL ABEY JOSE RESPONDENT/S: 1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, L.S.G DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2 SUPERINTENDING ENGINEER, LSGD, NORTH CIRCLE, MANANCHIRA, KOZHIKODE , PIN 673 001. 3 EXECUTIVE ENGINEER, L.S.G.D. WAYANAD, PIN 673 121. 4 ASSISTANT EXECUTIVE ENGINEER, L.S.G.D., PANAMARAM BLOCK PANCHAYATH, PIN 673 122. 5 PULPALLY GRAMA PANCHAYATH, PULPALLY P.O, WAYANAD DISTRICT, PIN 673 509, REPRESENTED BY ITS SECRETARY. BY ADV MANOJ RAMASWAMY OTHER PRESENT: GP RIYAL DEVASSY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.G.ARUN J. ------------------------------------- W.P.(C) No.21086 of 2022 --------------------------------- Dated this t
The judgment continues below.
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