United Infracon v. Union of India and 8 Ors

ORDER Date : 27-11-2024 Heard Mr. GN Sahewalla, learned senior counsel for the petitioner. Also heard Mr. K Gogoi, learned CGC appearing for the respondents.

¶2The petitioner is aggrieved by the impugned letter dated 16.08.2024, wherein the respondents have stated that the final bill and final variation earlier Page No.# 3/4 prepared vide letter dated 11.02.2023 shall remain unchanged. The petitioner's counsel submits that the petitioner had been selected for execution of the work "Balance work of Provision of additional opening by provision of 3 x 6.1 M R.C.C. Box at km. 386/2-3 and 2 x 6.1. M R.C.C. Box at km 387/3-4 in NCH-SLX to avoid water logging" in pursuant to the notice inviting tender being Tender No. 01-TSK-ENGG-13-2020. A letter of acceptance was thereafter issued to the petitioner on 10.12.2020 and the petitioner was to complete the work within 6

(six) months i.e., by 10.06.2021. Due to non completion of the work by the petitioner, which according to the petitioner was due to the fault of the respondents, the contract was terminated by the Divisional Engineer, vide letter dated 06.02.2023.

¶3The petitioner's counsel submits that the measurement of the work done/final measurement made in terms of the letter dated 11.02.2023 issued by the respondents, was not acceptable to the petitioner, as the same was made ex-parte. Thereafter, the respondent No. 5, vide letter dated 08.01.2024, had advised that there should be a joint record/measurement of the work done. The final variation prepared in the presence of the petitioner was thereafter forwarded for consideration and approval of the respondent authorities. However, vide the impugned letter dated 16.08.2024 the final earlier bill, MBs, final variation made in terms of the letter dated 11.02.2023 issued to the respondent No. 8 was accepted to be the final variation. The petitioner's grievance is that the final variation made in terms of the letter dated 11.02.2023 is not justified. The petitioner's counsel thus prays that the petitioner may be allowed to submit a representation against the impugned letter dated

16.08.2024, which should be decided by the respondent No. 5. Page No.# 4/4

¶4Mr. K Gogoi, learned CGC submits that the termination of the contract by the respondents was due to the fault of the petitioner, as he was not able to complete the contract work in time. He also submits that there is no infirmity with the making of the final variation of the work done in terms of the letter dated 11.02.2023. He also submits that any challenge to the final variation can be made only before a Civil Court, as the same could require evidence to be recorded.

¶5On considering the submissions made by the parties, this court is of the view that the petitioner should be given the liberty to file a representation against the impugned letter dated 16.08.2024 and if he is still aggrieved by the same, the petitioner may approach the Civil Court, if so advised, inasmuch as, the issue pertains to questions of fact.

¶6In view of the reasons stated above, the petitioner is given the liberty to file a representation against the impugned letter dated 16.08.2024 issued by the respondent No. 5, within a period of 2 (two) weeks from today, to be addressed to the respondent No. 5. The respondent No. 5 shall thereafter take a decision on the petitioner's representation within a further period of 4 (four) weeks.

¶7The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010244452024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6117/2024o UNITEDoINFRACONo AoPARTNERSHIPoFIRMoHAVINGoITSoOFFICEoAToBABUPARA,oFALAKATA,o ALIPURDUAR-735211oINoTHEoSTATEoOFoWESToBENGALoANDoISo REPRESENTEDoBYoITSoDULYoAUTHORIZEDoSIGNATORYoSHRIoDHIRAJo SHARMA,oSONoOFoHARENDRAoSHARMA,oR/O-oSMoPANDIYA,oHOUSEoNO.o 74,oPoCoROAD,oNEARoWATERoTANKo,WARDoNO.o4,oP.O.oRANGAPARA,oDIST.o SONITPUR,oASSAM-784505. VERSUSo UNIONoOFoINDIAoANDo8oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYo OFoRAILWAYS,oNEWoDELHI-110001. 2:NORTHEASToFRONTIERoRAILWAY oREPRESENTEDoBYoITSoGENERALoMANAGER oN.F.oRAILWAY oMALIGAON oGUWAHATI-781011. 3:THEoPRINCIPALoCHIEFoENGINEER/WORKS oN.F.oRAILWAY oMALIGAON oGUWAHATI-781011. 4:THEoDIVISIONALoRAILWAYoMANAGERo(WORKS) oN.F.oRAILWAY oTINSUKIA oASSAM 5:THEoSENIORoDIVISIONALoENGINEER/CO-ORDINATION oN.F.oRAILWAY oTINSUKIAoDIVISION Page No.# 2/4 TINSUKIA ASSAM 6:THE SENIOR DIVISIONAL ENGINEER/I N.F. RAILWAY TINSUKIA DIVISION TINSUKIA ASSAM 7:THE ASSISTANT DIVISIONAL ENGINEER N.F. RAILWAY MARIANI JORHAT ASSAM 8:THE SENIOR SECTION ENGINEER/IN-CHARGE N.F. RAILWAY FURKATING ASSAM 9:THE SENIOR SECTION ENGINEER/ INCHARGE N.F. RAILWAY MARIANI ASSA Advocate for the Petitioner : MR G N SAHEWALLA, MR M SAHEWALLA,MS. S. TODI,MS G DUGAR Advocate for the Respondent : DY.S.G.I., BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA