Mr. Somik Deb vs Mr. P.K. Dhar
2021 Latest Caselaw 768 Tri

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                      HIGH COURT OF TRIPURA
                            AGARTALA

                              W.P. (C) No.552/2021
For Petitioner(s)              : Mr. Somik Deb, Advocate.
                                 Mr. Abir Baran, Advocate.

For Respondents No.5 & 6       : Mr. P.K. Dhar, Sr. GA.

For Respondents No.1 to 4      : Mr. Nepal Majumder, Advocate.


      HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
       HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY

                                 ORDER

16/08/2021.

(Akil Kureshi, CJ).

The petitioner was awarded a contract for up-gradation of 132 KV

Surjamaninagar Substation of TSECL to 400 KV by Tripura State

Electricity Corporation Limited. In the course of execution of this contract,

serious disputes arose between the parties. The petitioner had requested

TSECL to reduce the performance guarantee amount to 3% of the contract

value instead of originally envisaged 10% on account of corona pandemic

relying on the Circular of Union of India. The TSECL refused the request.

Eventually, the petitioner's contract has been cancelled by the impugned

order and by a separate order dated 29.06.2021, the TSECL also debarred

the petitioner from participation in any tender of TSECL for 5 years.

It prima facie appears that before passing the said order of

blacklisting the petitioner for 5 years from being awarded any contract by

TSECL, no notice or any form of hearing was given to the petitioner. Thus,

the order of blacklisting was passed in breach of principles of natural

justice, which is contrary to several judgments of the Supreme Court.

Learned counsel for the petitioner further submitted that this order of

blacklisting is circulated by TSECL to other Government and semi-

Government agencies, thereby seriously prejudicing the petitioner in the

process of participating in tender process with such agencies.

Issue notice to the respondents, returnable for 13.09.2021.

Learned counsel, Mr. Nepal Majumder waived notice on behalf of

the respondents No.1 to 4 and learned Sr. GA, Mr. P.K. Dhar waived

notice on behalf of respondents No.5 and 6.

By way of ad-interim relief, impugned order dated 23.06.2021 is

stayed and TSECL is precluded from circulating such order with other

Government, semi-Government agencies. However, unless permitted by

the Court, this shall not enable the petitioner to participate in any new

tender or any other process for awarding contract by the TSECL.

  (S.G. CHATTOPADHYAY), J                        (AKIL KURESHI), CJ


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