M/ S. Sai Communications vs Union Of India

Heard Mr. A.K. Singh, learned counsel representing Mr. M. Yateendra Raju, learned counsel for the petitioner and Mr. Muppu Ravinder Reddy, learned Standing Counsel appearing for respondent Nos.3 and 4, and with their consent, this Writ Petition is disposed of at the admission stage itself.

Perusal of the record would reveal that respondent No.2 had issued a Tender Notification dated 05.02.2022 for selection of an Agency to provide Para Medical and Nursing Manpower on contract basis at ESI Medical College Hospital. The petitioner was successful bidder in the said Tender Process. However, respondent No.3 had issued a show-cause notice dated 13.05.2022 pointing out certain discrepancies and requested the petitioner herein to submit explanation by granting three (03) days time. Without waiting for the said period of three (03) days, vide order dated 14.05.2022, respondent No.3 had cancelled the work order dated 16.04.2022 issued in favour of the petitioner. Challenging the said order, the petitioner herein had filed a writ petition vide W.P. No.24042 of 2022. This Court vide order, dated 26.05.2022, disposed of the said writ petition setting aside the show-cause notice dated 13.05.2022 and the order dated 14.05.2022 and directed respondent No.3 to issue a fresh notice to the petitioner calling for its explanation within a reasonable period of fifteen (15) days from the date of issuance of the said notice and after considering the explanation, if any, submitted by the petitioner only, respondent No.3 shall take appropriate decision thereon in accordance with law. The petitioner herein is also directed to co-operate with the respondents by submitting its explanation within the above time frame. Till such time, no coercive steps shall be taken by the respondents.

The said order was passed after hearing both sides. Thereafter, respondent No.3 had issued a show-cause notice dated 09.06.2022 and the petitioner herein had submitted its reply dated 15.06.2022. Without considering the said explanation, respondent No.3, vide impugned speaking order dated 21.07.2022 informed the petitioner that having considered all the facts of the case, the cancellation of work order dated 14.05.2022 issued in favour of the petitioner is upheld.

It is relevant to note that this Court vide the aforesaid order, dated 26.05.2022 in W.P. No.24042 of 2022 by setting aside the show-cause notice dated 13.05.2022 and the cancellation order dated 14.05.2022, directed respondent No.3 to issue fresh notice, call for the explanation from the petitioner by giving a reasonable period of fifteen (15) days to submit explanation and on consideration of the explanation only, respondent No.3 shall take appropriate decision in accordance with law. Therefore, respondent No.3 had issued show-cause notice dated 09.06.2022 in compliance of the said order and the petitioner herein had submitted reply on 15.06.2022. Instead of considering the said explanation dated 15.06.2022 and pass appropriate order in accordance with law on consideration of the said explanation, respondent No.3 vide impugned order dated 21.07.2022 informed the petitioner that the cancellation of the work order dated 14.05.2022 issued in favour of the petitioner is upheld. Therefore, the impugned order is not in terms of the order passed by this Court dated 26.05.2022 in W.P. No.24042 of 2022. Respondent No.3 cannot uphold an order which was set aside by this Court vide order dated 26.05.2022 and, therefore, the said impugned order is liable to be set aside.

In view of the above discussion, the present Writ Petition is allowed setting aside the impugned order dated 21.07.2022 passed by respondent No.3. Accordingly, the matter is remanded back to respondent No.3 with a direction to pass appropriate orders in terms of the order 26.05.2022 passed by this Court in W.P. No.24042 of 2022. Till the said exercise is completed, respondent No.3 is directed not to take any coercive steps and shall not prevent the petitioner herein from proceeding with the work pursuant to the work order dated 16.04.2022. However, in the circumstances of the case, there shall be no order as to costs.

As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.