PATNA, India, Aug. 7 -- Patna High Court issued the following judgment on July 16:

Heard the learned counsel for the parties.

The present writ petition has been filed for the following relief(s):-

"1. That petitioner is a registered partnership firm and a registered contractor with the Eastern Railway, the registered office of the petitioner is at Village & P.O. Bihat, Refinery Road, District -Begusarai, Bihar - 851135 and as such a resident of Bihar is filing this writ application for the following reliefs:

(i)To issue a Rule NISI in the nature of a writ certiorari to quash and cancel the order/ direction dated 05.12.2023 (Annexure-P/3 hereof) issued under the signature of Deputy Chief Electrical Engineer/Con/SDAH, Eastern Railway (Electrical Construction Wing), Sealdah (Respondent no.4).

(ii)To issue a writ in the nature of writ of certiorari to quash and cancel the two orders dated 05.06.2024 (Annexure-5&6 hereof) issued under the signature of Chief Electrical Engineer/Con/ER (Respondent no.5) as well as respondent no.6.

(iii)To issue a writ of mandamus commanding the respondents to restore the amount of Rs.4,85,157.00 (Rupees four lacs eighty five thousand one hundred fifty seven only) as also Rs.16,57,291.00 (Rupees sixteen lacs fifty seven thousand two hundred ninety one only) the total Rs. 21,42,448/- to the credit of the petitioner in LOA No. EL-BGP-CONGENL-35-2017/Tender dated 15.01.2018 and CA No. EL-BGP-CON-GENL-35-2017/AGT dated 19.03.2018 along with interest @18% per annum.

(iv)To issue any appropriate writ/writs, order/orders, direction/directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

3. Learned counsel for the petitioner has stated that the petitioner has entered into a contract with the respondent-Railway vide Letter of Acceptance (LOA) No. EL/BGP/CON/GENL-03 of 2014-15/ Tender dated 20.03.2015. That after successful completion of the work contract, the authorities being fully satisfied have issued a final acceptance certificate dated 15.12.2017 under the signature of Deputy Chief Electrical Engineer (Con), Eastern Railway, Bhagalpur, Senior Section Engineer-Elect.(Con.) Eastern Railway, Bhagalpur, Divisional Electrical Engineer (Con.) Eastern Railway, Bhagalpur. Thereafter, the authorities have deducted a sum of Rs. 16,57,291/- and further sum of Rs. 4,85,157/- from another running contract being executed by the petitioner. Learned counsel has further stated that once a contract has been concluded and the final acceptance certificate has been issued, the authorities cannot seek to deduct amounts from another contract being executed by the petitioner. Learned counsel has stated that the authorities without putting the petitioner on any prior show cause notice or granting him any opportunity have come to the conclusion that some amounts of the previous work completed in the year 2016 are recoverable from the petitioner. Learned counsel has further stated that the work was completed in the year 2016 and the final acceptance certificate was also issued in the year 2017. That the authorities after due inspection, have come to the conclusion that the performance of the work contract was satisfactory and the work completed in all respects have then issued the final acceptance certificate. That once the final acceptance certificate is issued, the authorities are precluded from initiating any action against the petitioner for the said work or recover any amounts pertaining to the said work from the petitioner. Learned counsel has relied on the judgments of the Hon'ble Supreme Court in the case of Gangotri Enterprises Limited Vs. Union of India and Others. reported in (2016) 11 SCC 720 and also the judgment of Division Bench of this Hon'ble Court in LPA No. 921 of 2017 dated 15.11.2017.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTU1MzIjMjAyNCMxI04=-NC0UWzNaY--ak1--I=

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