Back
2024 Supreme(Telangana) 260
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J.
B. Uma Hymavathi – Petitioner
Versus
State of Telangana and Others – Respondents
W.P. No. 18457 of 2023
Decided On : 03-06-2024
For the Petitioner: S. Kiranmayee.
For the Respondent: Thoom Srinivas.
IMPORTANT POINT
The court established that administrative decisions must be reasoned and consider representations to uphold principles of natural justice.
Headnote:
Penalty - Writ of Mandamus - Act Section List - The court discussed the principles of natural justice and the relevant tender conditions, emphasizing the need for reasoned decisions and proper consideration of representations, ultimately allowing the writ petition for reconsideration of the penalty imposed.
Fact of the Case:
The petitioner sought a writ of mandamus against the imposition of a penalty for late bus production, arguing that the penalty was imposed despite a prior representation for an extension and a revised allotment letter.
Finding of the Court:
The court found that the impugned order did not consider the petitioner's representation and violated principles of natural justice by failing to provide reasons for the decision.
Issues: Whether the penalty imposed for late production of buses was justified and whether the petitioner's representations were adequately considered.
Ratio Decidendi: The court held that decisions affecting rights must be reasoned and that failure to consider representations constitutes a violation of natural justice.
Result: The writ petition is allowed, and the impugned proceedings are set aside for reconsideration.
ORDER:
1. Heard Smt. S.Kiranmayee, the learned counsel appearing on behalf of the Petitioner, Mr. Thoom Srinivas, learned standing counsel for TSRTC appearing on behalf of Respondents No. 2, 3 and 4 and learned Asst. Govt. Pleader for Transport appearing on behalf of the 1st Respondent.
PRAYER:
2. The Petitioner approached the Court seeking prayer as under:
“…to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No. 3 in issuing the Impugned Proceedings No. E4/359(23)/2022-RR, dated 12.06.2023, whereby imposing penalty for late production of buses for inspection, in spite of accepting the representation of the petitioner by revising the earlier allotment letter dated 16.09.2022 by its subsequent letter dated 27.12.2022 by the 3rd respondent and their by condoning the delay for relaxation of imposing penalty, as illegal, arbitrary, unconstitutional and against the principles of natural justice and consequently direct the respondents to consider the representation of the petitioner dated 04.05.2023 submitted to the Respondent Nos.2 & 3 to revise the penalty by calculating from 91st day of the revised allotment letter dated 27.12.2022 for production of buses and to allow the petitioner to ply the buses, till the production of buses for inspection and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.”
3. PERUSED THE RECORD:
(A) Representation of the Petitioner submitted to the Chairman, Entrepreneurs Selection Committee, TSRTC, TSRTC Bus Bhavan, RTC X-Road, Musheerabad, Hyderabad dated 18.10.2022, in particular, the relevant Para reads as under:
“…Hence, considering our inability to obtain financing, we request you to kindly amend the allotment letter by removing the Hyd - Madanapally and Hyd - Palamaneru routes from Cluster No 7. Also request you to grant us 3 months, from the date of your acceptance of this request, for producing the buses for your inspection.”
(B) Letter dated 27.12.2022 issued by the 3rd Respondent to the petitioner, reads as under:
“To
B. Uma Hymavathi,
Plot No. HIG 389 & 390,
Flat No. 303, Prashantha Residency, KPHB Colony, 6th Phase, Hyderabad-500085, Ph.9949890088.
Madam,
Sub: HIRING-Hiring of High end type buses-August-2022 Tender Notification Dated24.08.2022-Certain Modifications on allotment of ClusterNo. 7-Reg.
Ref:
1. Allotment Lr.No. Even, Dated 16.09.2022.
2. Your representation Dated 21.10.2022.
3. CTM/HO Lr No. P9/359(79)/2022-OPD(P), Dated22.12.2022.
***
With reference to the subject cited, Cluster No. 7 was allotted to you vide reference 1 cited.
Your representation vide reference 2nd cited has been examined and you are hereby informed as per approval accorded by the Competent Authority vide reference 3rd cited that:
1. You are permitted to produce 5 buses for operation on routes Hyderabad Tadipathri (2) and Hyderabad - Kadapa (3) terms and conditions stipulated vide reference 1st cited.
2. Your request for exclusion of buses allotted for the routes Hyderabad- Madanapally (2) and Hyderabad-Palamaneru (2) is considered.
3. Your Caution Deposit of Rs.2,40,000-00 is forfeited (Rs.60,000-00 x 4) due to your inability to produce 4 buses on routes Hyderabad-Madanapally (2) and Hyderabad- Palamaneru (2) of Cluster No. 7 for operation even after accepting the allotment letter.
Please acknowledge the receipt.”
(C) The Order impugned dated 12.06.2023 of the 3rd Respondent reads as under:
“TELANGARA STATE ROAD TRANSPORT CORPORATION
No. P1/359(23)/2022-RR
O/o. The Regional Manager,
RR, MGBS, Hyd.
Dated 12.06.2023.
To
The Depot Manager,
TSRTC, MYP-1 Depot.
Sub: HIRING - Representation of Smt. Uma Hymavati to reckon 90 days time for production of PHBs of Augu-2022 notification from the date considering the representation Dated 18.10.2022 – Penalty to recover – Intimation – Reg.
Ref: ED(O) & Secy. to Corp. Lr.No. P9/359(79)/2022-OPD(P), Dated 29.05.2023.
***
With reference to the subject cited
