Imposing a 'Holiday Listing' without a personal hearing violates natural justice principles, affecting a party's ability to contract and thus constituting a civil consequence.

JUDGMENT :

(SOUMITRA SAIKIA, J.)

This writ petition is filed by the petitioner who was an empanelled Contractor with the respondent Corporation under the Silchar D.O. The writ petitioner is a proprietorship concern having its office at South Sarania, Asshram Road, Ulubari, Guwahati. The petitioner is a registered vendor and is an enlisted contractor with the respondent Corporation bearing vendor code 13250005. The petitioner in the past had successfully executed several contracts with the respondent Corporation and on each occasion, the petitioner had duly executed the work to the satisfaction of all concerned. The petitioner states that in the year 2021, the Manager (Contract), ERO, IOCL (MD), Indian Oil Bhawan, Gariahat, Kolkata namely respondent No. 4 had issued an NIT for “Rate Contract (for value of works up to Rs. 30 Lakh) for carrying out capital and revenue works at Retail Outlets (including KSKs), consumer outlets, Depots, Terminals, Lube and LPG plants, Aviation Fuelling Stations, Buildings etc. under Indian Oil-AOD State Office” bearing e-tender No. RCC/ERO/37/2020-21/PT-108. The said NIT was issued for empanelment of contractors of Guwahati DO, Tinsukia DO, Silchar Do and Imphal DO. The petitioner concerned being eligible participated in the e-tender process and submitted requisite documents as per Bid Documents and also submitted rates in respect of the tender. The bid of the petitioner concern and the rates quoted by the petitioner concern was selected and the petitioner concern was empanelled for Silchar DO amongst others for a period of two years by issuing a letter of intent being LOI No. RCC/ERO/39/2020-21/792 dated 12.03.2021.

2. It is submitted that after being empanelled, the respondent authorities issued work orders to the empanelled contractors regarding various civil and constructions works within the respective ROs. The present proceedings relate to the issuance of work order in respect of “fabrication and errection of canopy of size 16x8 Sq Mtr and constructions paver block and Jai Hanuman Filling Station” for an amount of Rs.18,35,934.96/-. The petitioner was issued work order vide work order No. 28177360 dated 22.09.2022. In the said work order, the schedule of rates and the work specification was clearly mentioned. It is submitted that the petitioner completed the concerned works and handed over site to the respondent authorities by giving complete possession on 20.01.2023. The completion certificate cum final bill raised have been finally received pertaining to the said work upon being issued the completion certificate by the respondent authorities.

3. It is submitted that in the month of April 2024, the petitioner was contacted by the respondent authorities and was informed that the canopy which was constructed by the petitioner had collapsed due to bad weather and as such the petitioner concerned was required to give in writing as to whether the work was properly executed or not. The petitioner thereafter intimated the respondent authorities that the work was properly executed and the