The State Of Bihar And ORS v. M/S. Hi Tech Electronic Eye System
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.300 of 2017 In Civil Writ Jurisdiction Case No. 6890 of 2016 ======================================================
1. The State of Bihar through Principal Secretary, Department of Mines and Geology, Patna.
2. The Principal Secretary, Department of Mines and Geology, Government of Bihar, Patna.
3. The Joint Secretary cum Director, Mines and Geology, Government of Bihar, Patna.
4. The Under Secretary, Department of Mines and Geology, Government of Bihar, Patna.
5. The Deputy Secretary, Department of Mines and Geology, Government of Bihar, Patna.
6. The East Central Railways through the General Manager, ECR, Danapur Division, Khagaul.
.... .... Appellant/s
Versus
1. M/s Hi Tech Electronic Eye Systems having its registered office at 181, 2nd Floor, Maharaja Kameshwar Complex, Fraser Road, Police StationKotwali , Patna-800001 through its Proprietor namely Sri Chandra Bhushan Tiwary Son of Sri Anugrah Tiwary Resident of - 101, Mohalla- Mahesh Nagar, Police - Patliputra , District Patna-800024 .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Naresh Dikshit, Advocate Mr. Lalan Kumar, Advocate For the Pvt. Respondent/s : Sanjeev Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-12-2017 In the matter of contract awarded to the respondent petitioner and with regard to the issue of payment of bank guarantee to him payment of compensation and interfering with his blacklisting, the learned writ Court found that some enquiry
Patna High Court LPA No.300 of 2017 (5) dt.19-12-2017 2/2 was conducted by an independent third party and the report submitted therein. It was found that the contract was awarded to the petitioner for installation of Surveillance System on dispatch points of sand Ghats. The petitioner has not committed any illegality, the system installed by the petitioner was working properly, live picture was sufficient to fulfill the requirement and whatever defects were pointed out were because of the improper net being connected or which was dependent upon the internet service provider.
After taking note of the enquiry report duly submitted, the learned writ Court has interfered into the finding, no illegality, irregularity or defects in the installation and work done by the petitioner. As finding recorded by the learned writ Court is based on due consideration of the material that came on record, particularly the independent enquiry conducted into the matter, we see no reason to make any indulgence into the matter. Thus, the Appeal stand dismissed.
(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Sanjeev/- U