Back
2009 Supreme(Gau) 702
IN THE HIGH COURT OF GAUHATI
Anima Hazarika, J.
Singhi Cables and Conductors Pvt. Ltd. and Anr.
Vs.
The Assam State Electricity Board and Ors.
W.P. (C) Nos. 1990, 1997, 1998 and 1999 of 2009
Decided On: 23.09.2009
Subject
Contract Law - Breach of Contract
Headnote
Writ Petition - Further reproduction of the portion of the show-cause notices in respect of the remaining three writ petitions is not required as they are identical in all relevant aspects - All these writ petitions which involved identical facts and raise same questions of law being heard at the request of the learned Counsel appearing for the parties analogously and are being disposed of by this common judgment and order - Held, Equally the invocation and reliance made on Clause 7 of the guidelines for procurement of goods and services for implementation of Rural Electrification Project as circulated by the Rural Electrification Corporation Ltd. and the satisfaction of the Board that there was no justification for the write petitioners firm to have submitted completely forged documents to ASEB are utterly misplaced and not based on any sound reasoning or fair decision making process - There is no material to conclude, far less a conclusion that the fraud was committed by the writ petitioners themselves - Consequently, the writ petitioners cannot be penalised for an offence not proved to have been committed by them - Petition allowed.
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: N. Dutta, Sr. Adv., I. Choudhary, R.S. Choudhury, P.N. Goswami, R. Goswami, Advs.
For Respondents/Defendant:B.D. Das, Adv. and H.K. Sharma, Standing Counsel for respondent Nos. 1, 2 and 3 and R.K. Bora, Addl. Sr. Govt. Adv. for respondent No. 4
Anima Hazarika, J.
1. All these writ petitions which involved identical facts and raise same questions of law being heard at the request of the learned Counsel appearing for the parties analogously and are being disposed of by this common judgment and order.
2. Basic relevant admitted facts involved in these petitions may be summarised as hereinbelow:
In response to an Invitation to Bid (INV) dated 9.6.2008 published in the English Daily Newspaper "The Assam Tribune" in its issue dated 20.6.2008 by the respondent, Assam State Electricity Board (hereinafter referred to as the "ASEB") for issuing contract orders for Rural Electrification Works on Turnkey basis under "Rajib Gandhi Grameen Vidyutikaran Yojana (RGGVY) : Scheme for Rural Electricity Infrastructure and House Hold Electrification", the writ petitioners submitted their respective bids as follow:
(a) The petitioners in W.P. (C) No. 1990/2009 submitted their tenders with specification No. ASEB/CGM(RE)/RGGVY/NGN/2008 (package NGN. 3) for supply, construction of 11 KV lines, LT Lines and Installation of Distribution Transformers and providing Service Connection to BPL beneficiaries within Kalibor Revenue Circle of Nagaon District of Assam on Turnkey basis.
(b) The petitioners in WP(C) No. 1997/2009 submitted their tenders with specification No. ASEB/CGM(RE)/RGGVY/KAMRUP/2008 (package KAM-2) for supply, construction of 11 KV and LT lines, installation of Distribution Transformers and providing Service Connection to BPL beneficiaries within the Blocks; Bezera, Bihdia, Jagikona and Kamalpur under Kamrup district of Assam on Turnkey basis.
(c) The petitioners in WP(C) No. 1998/2009 submitted their tenders for construction and commissioning of 1 Number 1x2.5 MVA, 33/11 KV Sub-station at Ambagan within Laokhoa Block, 1 Number 2 x 2.5 MVA, 33/11 KV Sub-station at Juria within Juria Block, 1 Number 2 x 2.5 MVA, 33/11 KV Sub-station at Batadrava within Batadrava Block and 1 number 2 x 2.5 MVA, 33/11 KV Sub-station at Barhampur within Barhampur Block along with supply and construction of 33 KV and 11 KV associated lines under Nagaon district of Assam on Turnkey basis under RGGVY with specification No. ASEB/CGM/RGGVY/NGN/2008 (package: NGN-1).
(d) The petitioners in WP (C) No. 1999/2009 submitted their tenders with specification No. ASEB/CGM (RE)/RGGVY/NGN/2008 (package NGN-7) for supply, construction of 11 KV lines LT lines and installation of Distribution Transformers and providing Service Connections to BPL beneficiaries within Hojai and Lanka Revenue Circle of Nagaon district of Assam on Turnkey basis.
3. The tenders so submitted by the petitioners were accepted by the respondent-Board to be the best viable bids in their own judgments and consequently the respondent-Board issued Letters of Award (LOA) to the writ petitioners for supply of equipments, construction and installation of the transformers and providing service connections on turnkey basis. These Letters of Award were issued to the writ petitioners by the respondent-Board by various orders dated 30.1.2009. The further admitted position of facts emerging out of the pleadings are that the writ petitioners were required to furnish Contract Performance Guarantees, hereinafter referred to as "CPGs" in favour of the respondent-Board within 20 days from the date of issuance of LOA as per clause 41.0, Section INB and Clause 32.0, Section GCC of conditions of contract Volume 1 and 1A and also as per condition of Contract (supply) clause 1.1 and Clause 12.1 (Election Contract). According to the respondent-Board, LOAs having been issued on 30.1.2009, the writ petitioners were required to furnish the CPGs within 19.2.2009 i.e. within 20 days from the date of issuance of LOAs. It is further on record that on failure of the writ petitioners to furnish the CPGs within the stipulated period of 19.2.2009, they were asked by the Board to submit Agreement papers within 31.3.2009 and before signing the Agreement they were asked to submit
