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Judgment
Vinod Chatterji Koul, J
CM No. 5026/2020
This instant application has filed by the applicants seeking exemption of time for filing the affidavit, stamp and court fee etc., in support of appeal.
For the reasons stated in the application, the same is allowed.
The applicants shall do the needful within a period of three days, when the normal functioning of the court begins.
Application is, accordingly, disposed.
WP(c) No. 1514/2020, CM No. 5025/2020
Mr. Sachin Gupta learned counsel for the petitioner submits that he does not want any relief against respondents 2 and 3 and prays that he be permitted to delete them from the array of the respondents. prayer is allowed. The said respondents are directed to be deleted.
Heard.
Grievance of the petitioner qua impugned order No.66456/SS/R-2/QE March 2020/39/E-8 dated 21.09.2020, ( in respect of WLR of "SS Class" Contractor for March, 2020), whereby the petitioner has been held as not capable for handling work due to slow work, is that the same order has been issued without issuing show cause notice to the petitioner in terms of Class 332(b)(VII) of MES manual of contracts.
The aforesaid provision provides for issuing show cause notice for proposed adverse remarks pursuant to the quarterly work load return (WLR). Impugned order relates to quarter ending March, 2020. The case of the petitioner precisely is that no show cause notice was issued to him in respect of the WLR i.e. for quarter ending March, 2020.
A prima case for showing indulgence has been found.
Issue notice to respondent in main petition as well in CM.
Mr. Vishal Sharma, learned ASGI accepts notice on behalf of respondent. He seeks time to file objections. He may do so by or before the next date of hearing with copy in advance to the other side.
Meanwhile, subject to objections and till next date of hearing before the Bench, in case the aforesaid notice has not been duly served on petitioner, the impugned order qua the petitioner in respect of impugned WLR quarter ending March, 2020, shall stay.
List this matter on 10.11.2020.