Shivamogga Mahanagara Palike vs Sree Enterprises Electrical ...
2022 Latest Caselaw 113 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 4TH DAY OF JANUARY, 2022

                       PRESENT

         THE HON'BLE MR. JUSTICE G. NARENDAR

                         AND

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

           WRIT APPEAL No.540/2021(LB-RES)

BETWEEN :

SHIVAMOGGA MAHANAGARA PALIKE
REPRESENTED BY ITS COMMISSIONER
SHIVAMOGGA CITY- 577 201.

                                         ...APPELLANT

(BY SRI A.V. GANGADHARAPPA, ADVOCATE)


AND :


SREE ENTERPRISES,
ELECTRICAL CONTRACTORS
REPRESENTED BY
K RAM MOHAN S/O GURURAJA RAO,
AGED ABOUT 57 YEARS
JYOTHI, OPPOSITE:DISTRICT UNION OFFICE
NEAR DVS SCHOOL, VINOBA NAGARA
SHIVAMOGGA CITY - 577 204.
                                     ...RESPONDENT
(BY SRI PRASAD B.S., ADVOCATE)
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     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW
THIS APPEAL, SET ASIDE THE ORDER DATED 26.02.2021
PASSED IN WP No.52764/2019 AND BE PLEASED TO
DISMISS THE WRIT PETITION WITH COSTS THROUGHOUT.

    THIS APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, G. NARENDAR J, DELIVERED THE
FOLLOWING:

                      JUDGMENT

Heard the learned counsel for appellant - Sri A.V.

Gangadharappa and Sri Prasad B.S., learned counsel

for the respondent.

2. The appellant - Shivamogga Mahanagara Palike is

before this Court being aggrieved by the order of learned

Single Judge rendered in Writ Petition No.52764/2019

dated 26.02.2021.

3. In this intra-Court appeal, the order of blacklisting

the respondent is preceded by a show-cause-notice

produced as Annexure-R7 and that the defaults by

respondent/contractor in adhering to the terms of the

contract have also been put to the respondent-petitioner

and the notices are produced at Annexures - R5 and

R6. That the allegations and charges in the show-

cause-notice were not new and that the basis and the

material for the charges had already been put to the

petitioner. That the notices calling upon him to adhere

with terms of the earlier contract, were complied with

nor replied to. Having not offered any reply, the

Corporation was constrained to issue show-cause-notice

which also did not meet with any reply from the

petitioner. Thereby, the order of blacklisting the

respondent-petitioner came to be passed.

4. On the query from this Court as to whether any

enquiry followed the show-cause-notice, it is fairly

submitted by the learned counsel for the appellant that

no such enquiry was conducted. In that view of the

matter we are of the considered opinion that writ appeal

should be disposed of on the short ground of denial of

opportunity to the petitioner. In fact, the learned Single

Judge, has by impugned order been pleased to dispose

of the writ petition by quashing the impugned order and

reserving liberty to initiate fresh action. In our opinion,

writ petition could have been disposed of by permitting

the exercise to be continued from the stage of the show-

cause-notice and directing the parties to complete the

exercise in a time bound manner. In that view of the

matter, writ appeal is disposed of by directing the

appellant-Palike to complete the enquiry in a time

bound manner, at any rate, the enquiry shall be

commenced from the show-cause-notice stage and

completed within an outer limit stipulated under this

order.

5. The respondent shall appear before the

Commissioner - Shivamogga Municipal Corporation on

17.01.2022 at 3.00 p.m., without waiting for any notice.

The Commissioner - Shivamogga Municipal Corporation

shall thereafter fix a date of hearing. The respondent

shall submit his reply to the show-cause-notice dated

22.05.2018 along with such other material on

17.01.2022

6. It is made clear that the hearing shall not be

adjourned on irrelevant grounds and the respondent

shall co-operate for expeditious consideration and

disposal of the enquiry.

7. It is further made clear that till completion of the

enquiry the respondent is entitled to submit its tender

and if such tender is submitted, the same shall be

considered by the authorities and in the event of the

respondent qualifying as successful bidder, the

respondent shall be entitled to a work order, only after

completion of the enquiry.

8. It is also made clear that the appellant-competent

authority shall endeavor to complete the enquiry on or

before 31.03.2022.

Sd/-

JUDGE

Sd/-

JUDGE SBS*