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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. Mahadevan, J.
R. Parthiban – Petitioner
Versus
State of Tamil Nadu, Represented by its Principal Secretary to Government, Adi Dravidar & Tribal Welfare Department, Secretariat, Chennai & Others – Respondents
Writ Petition Nos. 7615, 7616, 7619 & 7622 of 2021
Decided On : 06-09-2021
Constitution of India,1950 - Article 226 - Tenders - Four items of work - Cancel - Petitioner, he participated in various tenders floated by third respondent respectively - He submitted his bids on for four items of work namely (i) construction of six class room building to Ekalavya Model Residential School at Village, District; (ii) construction of boys hostel to accommodate 100 boys at Ekalavya Model Residential School at Killur Village, District; (iii) construction of boys hostel to accommodate 100 boys at Model Residential School at Sengarai in District; and (iv) Principal and Teacher Quarters (12 Nos) to Ekalavya Model Residential School at in District - Bids received from the various bidders were opened and bid of petitioner was declared as lowest bid in respect of four items of work, aforesaid - To this effect, a letter of acceptance was issued by second respondent by a proceedings dated however, it is stated that it was served on petitioner only – Held, According to petitioner, soon after receipt of show cause notices, he was hospitalised and he could not cause reply to show cause notices dated - Though petitioner raised an allegation that show cause notices issued are pre-determined, a cursory glance at same would show that date mentioned therein is a typographical error, as stated in the counter affidavit filed by respondent authorities - In any event, before terminating contracts show cause notices were issued by second respondent, receipt of which has also been admitted by the petitioner - When petitioner did not submit his reply to show cause notices dated orders of termination came to be passed - In such circumstances, this Court is of opinion that second respondent has strictly adhered to principles of natural justice before passing orders of termination, which are impugned in these writ petitions - Accordingly, all writ petitions are dismissed -. Consequently, connected miscellaneous petitions are closed.
ORDER :
(Prayer: WP No. 7615 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari calling for the records relating to the order of cancellation passed in Letter No. C/1958/2018 Tho.Nu.A1 dated 23.02.2021 on the file of the second respondent and quash the same.
WP No. 7616 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari calling for the records relating to the order of cancellation passed in Letter No. C/1958/2018 Tho.Nu.A1 dated 23.02.2021 on the file of the second respondent and quash the same.
WP No. 7619 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari calling for the records relating to the order of cancellation passed in Letter No. C/TN/02-17/2018 Vu.Se.Po dated 23.02.2021 on the file of the second respondent and quash the same.
WP No. 7622 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari calling for the records relating to the order of cancellation passed in Letter No. C/1958/ 2018 Tho.Nu.A1 dated 23.02.2021 on the file of the second respondent and quash the same.)
1. Assailing the orders dated 23.02.2021 passed by the second respondent, cancelling the tenders awarded to the petitioner for four items of work, the present writ petitions are filed.
2. According to the petitioner, he participated in the various tenders floated by the third respondent on 01.06.2020, 08.06.2020 and 17.06.2020 respectively. He submitted his bids on 03.07.2020 for four items of work namely (i) construction of six class room building to the Ekalavya Model Residential School at Killur Village, Tirupattur District; (ii) construction of boys hostel to accommodate 100 boys at Ekalavya Model Residential School at Killur Village, Tirupattur District; (iii) construction of boys hostel to accommodate 100 boys at Ekalavya Model Residential School at Sengarai in Namakkal District; and (iv) Principal and Teacher Quarters (12 Nos) to Ekalavya Model Residential School at Sengarai in Namakkal District. The bids received from the various bidders were opened on 09.07.2020 and the bid of the petitioner was declared as the lowest bid in respect of the four items of work, aforesaid. To this effect, a letter of acceptance was issued by the second respondent by a proceedings dated 28.08.2020 however, it is stated that it was served on the petitioner only on 21.12.2020. Thereafter, on 11.02.2021, 16.12.2020, 24.11.2020 and 24.11.2020 respectively, agreements of contract were signed by the petitioner with the fourth respondent. The petitioner further stated that even before the site was handed over to him, show cause notices came to be issued. Without providing reasonable time to the petitioner to offer his explanation to the said notices, the fifth respondent issued orders dated 23.02.2021, thereby terminating the contracts awarded to the petitioner. Therefore, the present four writ petitions.
WP No. 7615 of 2021
3. According to the learned counsel for the petitioner, the site was handed over to the petitioner only on 11.02.2021, however, even before that, he had engaged his men and machineries and removed the hard rocks existing in the work site with the help of a JCB Hitachi vehicle and spent a sum of Rs.20 lakhs. It is also stated by the learned counsel that soon after the contract was awarded in his favour, the petitioner had approached the officials of the TANGEDCO during December 2020 itself and got the electricity service connection to the site in question effected on 13.02.2021. While so, the second respondent issued a show cause notice dated 03.02.2021, which the petitioner received on 09.02.2021. In other words, even before handing over the site on 11.02.2021, the show cause notice dated 03.02.2021 was issued, which was received by the petitioner on 09.02.2021, whereby he was called upon to show ca
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