IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12671 of 2010 POLY GLASS FIBER INDUSTRIES PRIVATE LTD. THROUGH ITS DIRECTOR, RAHIM BAWA S/O MR. A.K. BAWA 265 OKHLA INDUSTRIAL ESTATE, NEW DELHI-110020, P.S.- OKHLA, DISTT.- NEW DELHI…………………PETITIONER Versus 1. THE STATE OF BIHAR THROUGH ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT GOVERNMENT OF BIHAR, PATNA 2. THE ENGINEER IN CHIEF (NORTH) WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR, PURCHASE, STORE & MATERIAL MANAGEMENT WATER RESOURCES DEPARTMENT, BIHAR, PATNA…………………..RESPONDENTS For the petitioner : Mr. Sashi Anugrah, Sr. Advocate. For the State : Mr. Prashant Pratap,GP-6 with Mr. General Rajesh, AC to GP-6 ----------- 05/ 02.05.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging Letter No.2/Kray-2-13/2009-412 dated 19.07.2010 (Annexure-12) issued by the Director, Purchase, Store and Material Management, Directorate of Water Resources Department, Government of Bihar (respondent no.3) so far it concerns item no.1 of the said order regarding forfeiture of performance of Bank Guarantee. 3. It transpires that earlier this matter had come before this court vide C.W.J.C. No.14691 of 2009 which was dismissed by a Bench of this court vide order dated 12.05.2010 (Annexure-9) with a direction to the Water Resources Department, Government of Bihar to reconsider the question of forfeiture of guarantee money and the Bank guarantee furnished by the petitioner in view of the circumstances - 2 - mentioned in the penultimate paragraph of the said order. 4. It further transpires that in compliance of the said order of this court the Director, Purchase, Store and Material Management, Directorate of Water Resources Department, Government of Bihar (respondent no.3) passed order dated 19.07.2010 (Annexure-12) in which one line non-speaking order was passed with respect to forfeiture of performance of Bank guarantee in view of the department letter no.589 dated 18.09.2009. 5. Learned counsel for the petitioner submits that the said order is not as per the directions of this court, as the said question had to be reconsidered in detail on the basis of the facts and materials, but nothing has been done. 6. On the other hand, learned counsel for the respondents submits that the said order dated 19.07.2010 is only informatory in nature, as the original order passed by the authority is dated 14.06.2010 (Annexure-I). 7. However, from a perusal of the said letter dated 14.06.2010 it transpires that it is only a proposal and on the basis of the said proposal order dated 19.07.2010 had been passed. No other order has been produced to show that any detailed order has been passed by the authority in compliance of the order of the High Court. In the said circumstances, it is quite apparent that the order of this court in the earlier writ petition has not been followed in its letter and spirit by the authority concerned and hence the impugned order cannot be sustained in law. - 3 - 8. Accordingly, the impugned order of the authority concerned dated 19.07.2010 (Annexure-12) is hereby quashed and the authority concerned, namely Director, Purchase, Store and Material Management, Directorate of Water Resources Department, Government of Bihar (respondent no.3) is directed to pass a fresh and speaking order considering all the aspects of the matter in accordance with law within two months from the date of receipt/production of a copy of this order. Harish (S.N.Hussain, J.)