THE HON’BLE SRI JUSTICE PULLA KARTHIK

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“…to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Certiorari call for the records pertaining to the Speaking Orders vide proceedings in Ref.RG.I/PER/C/54/6588 and Ref.RG.I/PER/c/54/6589, dated 09- 12-2024 issued by the 2^nd respondent and quash the same by declaring as illegal, arbitrary, void ab-initio and against the principles of natural justice and consequently direct the respondents to release an amount of Rs.55.59 Lakhs towards transport bill, Rs.10.00 Lakhs towards EMD & Security Deposit and Rs.100.69 Lakhs 5% retained amount from the running bills of the contract to the petitioner along with the interest from the date of closing/ expiry of the contract and pass…”

2. The brief facts of the case are as follows:

2.1. The petitioner is a Contractor with vast experience in the Transport business. In response of the Tender Enquiry Notice issued by the respondent Company dated 02.01.2015, he had submitted his offer and after conducting due negotiations, he was duly awarded the Transport Contract vide Work Order No.7600005755 dated 02.01.2015, for transportation of coal from Medipalli Opencast Project to different CHPs, on weight basis for a period of two years, and thus, the contract period is valid up to 01.01.2017. Thereafter, an agreement was entered between him and the respondent Company dated 06.01.2015. Pursuant to the same, the petitioner had commenced the transport work as per the understanding arrived at the time of negotiations and successfully executed the transport work awarded to him. In compliance of the terms of the Work Order dated 02.01.2015, the petitioner had completed the transportation work without any remarks.

2.2. While so, respondent No.3 issued proceedings dated

03.05.2016, for recovery of an amount of Rs.55,59,000/- from his pending bills on the allegation that the coal loaded lorries were diverted to destination other than GDK-1, CHP. The respondent Company also lodged a complaint, against the lorry owner, lorry driver and others, who alleged to have diverted the coal and forged the registers, before the Anthergaon Police Station vide Crime No.59 of 2016, registered for the offenses punishable under Sections 420, 406, 409, 468 and 471 of the Indian Penal Code. The police conducted investigation and filed a charge sheet vide C.C.No.55 of 2017 on the file of the Junior First Class Magistrate, Godavarikhani. The failure of the respondents to adduce the evidence before the trial Court resulted in acquittal of the accused therein, vide judgment dated 31.08.2018.

2.3 It is the further case of the petitioner that aggrieved by the recovery proceedings dated 03.05.2016, the petitioner filed W.P.No.16640 of 2016 before this Court, and during the pendency of the said writ petition, respondent No.2 issued proceedings dated 08/14.02.2019, whereby, the petitioner was directed to remit an amount of Rs.81,35,837/- and Rs.20,00,000/- towards penalty, equivalent to twice the of security deposit, apart from that, the petitioner was also blacklisted from participating in the respondent Company’s tenders for a period of two years.

2.4. Aggrieved by this proceedings, the petitioner also filed W.P.No.4444 of 2019 before this Court. Eventually, both the writ petitions were heard together, and this Court, vide separate orders dated 01.07.2024, set aside the aforesaid orders dated 03.05.2016 and 08/14.02.2019, on the ground that the said orders were issued in utter violation of principles of natural justice, as the petitioner was never given an opportunity of hearing, and remitted the matter back to the respondents, directing them to re-consider the subject issue objectively and uninfluenced by their earlier decisions dated 03.05.2016 and 08/14.02.2019, re-examine the whole issue afresh and pass appropriate orders in accordance with la