The court emphasized that bureaucratic processes justify leniency in condoning delays in filing appeals, recognizing that good cause is a lesser standard than sufficient cause.

ORDER :

Mridul Kumar Kalita, J.

1. Heard Mr. P. K. Roy, learned Senior counsel assisted by Mr. S. K. Chakraborty, learned counsel, appearing for the applicants. Also heard Mr. C. Chowdhury, learned Senior counsel assisted by Ms. J. S. Das, learned counsel, appearing for the sole respondent.

2. This Interlocutory Application has been registered on filing of an application by the applicants, praying for condonation of delay of 341 days in preferring the connected writ appeal against the judgment and order dated 26.09.2019 passed by a learned Single Judge of this Court in WP(C) No. 4882/2019, which was filed by the writ petitioner Sri Suresh Kumar Agarwal (Respondent herein). The applicants of the instant Interlocutory Application were the respondents in said WP (C) No. 4882/2019.

3. The applicant No. 1, namely, the Food Corporation of India (hereinafter referred to as FCI) is the respondent No. 1 in the writ petition, which is an organization created under Food Corporation Act, 1964, having its Head Office at 16-20 Barakhamba Lane, New Delhi 110001 and run by Government of India as well as State Governments and functions under the Department of Food and Public Distribution, Ministry of Consumer Affairs, Government of India. The other applicants (i.e. Applicant Nos. 2 to 5) are the Officers of the FCI. The respondent, Sri Suresh Kumar Agarwal, is the Proprietor of M/S. Ramawatar Trading and Transporting, Contractor, Cinema Road, Chabua.

4. The respondent herein had filed the Writ Petition (C) No. 4882/2019 against the present applicants impugning their decision to unilaterally reduce the distance of transportation from 7 kilometers to 5.2 kilometers by altering the conditions of NIeT (Notice inviting electronic tender) at the time of processing the bills raised by the respondent/writ petitioner.

5. On 30.10.2017, the applicants herein, by floating a NIeT, had invited bids for awarding the contract "Handling and Transport Contract Ex-Rly Siding, Tinsukia to FSD Laipuli via weighbridge including Handling works at FSD Laipuli (distance 7 kms.)." The estimated value of the contract was Rs. 4,88,00,000.00 (Rupees four crores, eighty-eight lakh only). In response to the aforesaid NIeT, the respondent/writ petitioner had submitted his bid and had eventually emerged as the successful bidder. Accordingly, by letter of appointment dated 17.01.2018, the contract for "Handling and Transport" was awarded to the respondent for a period of 2 years w.e.f. 22.03.2018. A contract agreement was thereafter, entered into by and between the parties on 22-01-2018 paving the way for execution of the work. In the letter dated 17.01.2018, it was mentioned that the contract is awarded at the quoted rate of 74% ASOR (above schedule of rates) and the distance indicated was 7 kms. The respondent had executed the work as per the terms of the contract agreement and submitted bills. However, when the bills were under process, objection was raised by the accounts department of the Food Corporation of India (FCI) opining that the distance covered by each loaded truck through the shortest route would be 5.2 kms and not 7 kms. As such, by letters dated 19.05.2018, 09.01.2019 and 10.01.2019 the decision of the applicants to alter the distance to 5.2 km was communicated to the respondent.

6. Aggrieved thereby, the respondent had filed WP(C) No. 4882/2019. According to the respondent, the actual distance covered by the trucks included two trips to the private weighbridge, viz. Ramudyog Weigh-bridge. Since there was no state run weighbridge in the vicinity of the siding of New Tinsukia station, the empty trucks had to be sent to the weigh bridge for measuring the "tare weight" (un-laden weight) and thereafter, again the loaded trucks had to be sent for measuring the weight so as to work out the actual load carried by the trucks. Since the un-laden and laden weight of the trucks were recorded in the said weigh-bridge as per the instruction and with their knowledge of the respon