1.

In this para it is stated that the work of construction of Additional

Accommodation extension of Foot over bridge connect of platform -3 &4, was
awarded to M/s Dharampal Kohli vide acceptance letter of even dated
14.06.2007 with a completion period of 15 months under CA No.
DY.CE/C/JBP/A-47 dated 09.01.2008 at a value of Rs 629.78 lakh. Time to
time extension were granted on demand of the contractor in the interest of
work it can also be seen from the granted extension that adverse situation
was arrived due to failure of contractors not to accelerate the progress and
taking plea for non-receipt of the structural drawing and designs it is again
started that required drawing were handed over to the claimant for execution
of the work in stage work.

2. It is true that an amount of Rs 63 lakhs deposited by the applicant towards PG

at the time of contract agreement having a value of 5% of awarded value and
SD of 5% was deducted from the claimants running bills (Including the
amount available in the shape of paper security for ISD). Separate tenders
were awarded to different contractors in the interest of work of provide basic
facility for the occupants of the colony and contractors is having no authority
to make any comments further the contractor was no able to accelerate the
pace of progress due to their lack of managerial skills and working spirit timely
design and drawing were given to them for execution of the work but no
fruitful results yielded.

3. In this papa stated that the contractor was advised verbally and in writing for a
number of occasions to deploy adequate resources on work so that they may
be able to complete the work at earliest. The claimant did not respond to the
Railway and executed the work as per their own convenience. Last extension
was granted to them from 01.04.2011 to 31.07.2011. The penalty was
imposed as the merit of the case as the applicant was not able to accelerate
the progress considering the merit of the case now they are taking the benefit
of the lenient view of the department. Even after various correspondence
progress was not up to the required pace. One meeting was also conducted
 with the contractor on 15.07.2011, but no solution on the poor progress was
found.

4. In this para it is stated that 7 days notice was issued to the contractor on
22.07.2011 due to slow progress of the work and they were also advised to
accelerate the satisfactory progress otherwise initiative will be taken as per
clause no. 62 of GCC which is legally applicable on the subject contract.
Noting has been done wrong by the way of issuing of 7 days notice as the
same was issued in the admit of GCC and not threat was extended a asked
by the notice issue authority. It is again started that the notice was issued
without any prejudice in the interest of the work.

5. Further the applicant statement that the intention of the notice was to cancel
without any power of reasons in false and fabricated and very far from the
facts. Lots of correspondence was made with the claimant to accelerate the
progress as can be seen 6 extensions have been granted o complete the
work. It is further stated that the extension of time was granted of time was
granted to the contractor up to 31.07.2011 after going through the reasons put
forth by them and not up to 31.10.2011 as mentioned by the claimant. Only
Rs 410.97 lakhs was paid to the contractor against the agreement value of
Rs. 629.78 lakhs. The statement of the applicant that the work was in extreme
progress stage is not true. A leg of 4 years was too much for completion of
subject work but considering the requirement of the user department no stern
steps were taken and now the applicant is taking the ground of the lenient
attitude and blaming the administrative for such adverse situation. It is again
state that due to failure of the applicant 7 days notice followed by 48 hrs
notice was issued to the claimant and finally the contract, so nothing has been
done wrong by the railway administrative. Ultimately due to failure of the
claimant the contract was terminated under clause no. 62 of GCC and as per
condition of the agreement.