Heard Mr. Y.S. Mannan, learned counsel for the petitioner and Mr. B.D. Das, learned senior counsel assisted by Mr. D. Nath, learned counsel for the respondents.

2. Counsel for the petitioner submits that the present case relates to the impugned order dated 6.11.2007 issued by the Chairman, ASEB inflicting the penalty of reduction to lower time scale of pay for a period of three years upon the petitioner and also the Order dt. 13.3.2008 issued by the Appellate Authority. The case of the petitioner is with regard to certain amendments/ addendums made in the bid documents. It is the case of the respondents that their consultants had submitted a set of amendments/ addendums to the bid documents to the Chief Engineer (Distribution), who sent the same to the Director (PMU)’s office for obtaining approval of the ADB. The Director (PMU) was out of station during the said period and when he returned to the headquarters after a few days, he found the papers on his table. He sent the same to the ADB for approval without going through the same. The ADB conveyed approval of the amendments/ addendums made to the bid documents and sent a FAX message to the Chief Engineer (Distribution).