HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.19140 of 2014 Date: 11-07-2014 Between:
Lamer Power and Infrastructure Private Limited, represented by its authorized representative .. Petitioner AND The Southern Power Distribution Company of Telangana Limited (TSSPDCL), represented by its Chairman and Managing Director and another .. Respondents HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.19140 of 2014 ORDER:
This writ petition is filed for a mandamus declaring the impugned letter No.CGM/P&MM/E-23/CECT-613/PM- 3798/D.No.763/14, dated 30-06-2014 issued by the 2nd respondent as arbitrary and illegal and for a consequential direction to set aside the same.
2. The case of the petitioner is that the petitioner company is one of manufactures of Composite Polymer Pin insulators for use in 11 KV and 32 KV and the petitioner company entered into a contract with the respondents for supply of 1,40,000 Composite Insulators for use in 11 KV overhead transmission and substations and was granted purchase order dated 21-11-2012 for supply of said 28,000 insulators at the lowest bid price of Rs.158.45ps. Surprisingly, the 2nd respondent issued the impugned letter No.CGM/P&MM/E-
23/CECT-613/PM-3798/D.No.763/14 dated 30-06-2014 debarring the petitioner company from participating in tenders floated on the ground that the petitioner company supplied inferior quality material. Aggrieved by the same, the present writ petition is filed.
3. Learned counsel for the petitioner submits that no notice is issued before placing the petitioner in black list and passed the impugned proceedings.
4. Learned standing counsel for the respondents on instructions states that as per the purchase manual the respondents entered into contract with the petitioner company and that since the petitioner company supplied inferior quality, the impugned proceedings were issued debarring the petitioner company from participating in future tender process. Learned standing counsel has not disputed the non-issuance of notice before passing the impugned proceedings.
5. In view of the same, the impugned proceedings are set aside only on the ground of violation of principles of natural justice. However, it is open for the respondents to pass appropriate orders after duly following the procedure prescribed under the Regulations and after issuing notice to the petitioner company.
With the above observation, the writ petition is allowed. No costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 11-07-2014
Note: Issue C.C. tomorrow.
B.O./Ksn