“11) On merit, it is seen that against the stand of the petitioner that the F-2 Form of Agreement was signed by him and handed over to the Asst. Chief Engineer, the respondent Nos. 2 and 3 had stated in their affidavit- in- opposition that there was no record in their office of submission of such agreement by the petitioner or about any request by the petitioner to convert the earnest money to security deposit. In response, the petitioner in his reply has stated that on good faith, the copy of agreement was handed over by him without retaining a proof. However, in light of the contents of the Preliminary Work Order dated 10.03.2015 issued to the petitioner, there appears to be no valid reason for the petitioner to sign and to hand over the APWD F-2 Form of Agreement to the herein before named Assistant Executive Engineer, when the said officer is not shown to have the competence to sign and retain such agreement. Therefore, when the respondent No.3 had called the petitioner vide letter dated 10.03.2015 to sign the said agreement, the petitioner had handed over the F-2 Form of Agreement to the said Mr. M. Hussain at his own risk. Moreover, despite the specific denial by the respondent Nos. 2 and 3 of having any record of receipt of any signed agreement by the petitioner, the petitioner could not produce any material before this Court to show that that the petitioner had completed the codal formalities after receipt of the preliminary work order. Moreover, the petitioner has not even impleaded the said Assistant Executive Engineer, Mechanical (Irrigation) Technical Branch as one of the respondents in this case, as such, this Court cannot go into the allegations made against the herein before named Mr. M. Hussain, the then Assistant Executive Engineer, Mechanical (Irrigation) Technical Branch. Accordingly, it is held that the petitioner has not been able to satisfy this Court that after receipt of the Preliminary Work Order dated 10.03.2015, he had appeared before the respondentNo.3 and had competed the codal formalities of signing APWD F-2 Form of Agreement and had furnished the requisite Security Deposit. Hence, no interference is called for in respect of cancellation of the petitioner’s Preliminary Work Order vide letter issued by respondent No.3 under No. CE(MECH)10/2015/10 dated 23.03.2015.”
