M.K. AKBER v. THE UNION TERRITORY OF LAKSHADWEEP

BY ADVS. SRI.MANU.S, SCGC, ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP SHRI.SAJITH KUMAR V., SC, LAKSHADWEEP ADMINISTRATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

21.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.7646/2018 -2- J U D G M E N T The petitioner has approached this court challenging Exts.P28 and P30 under which a penalty of Rs.12,41,754/- has been imposed on the petitioner in respect of certain works completed by the petitioner for the Lakshadweep Administration.

2. A counter affidavit has been filed by the respondents where one of the contentions taken is that the petitioner must have his dispute resolved with reference to Clause 25 of General Conditions of Contract for Central PWD Works which was applicable to the work in question and the same cannot be adjudicated, at least at this stage, in a writ petition under Article 226 of the Constitution of India.

3. The learned counsel appearing for the petitioner would submit that the petitioner would be satisfied if the petitioner is permitted to raise his disputes in terms of provisions contained in Clause 25 of General Conditions of Contract.

4. The learned Standing Counsel appearing for the Lakshadweep Administration has no objection in the writ petition before disposed of permitting the petitioner to raise all his disputes in terms of the provisions contained in Clause 25 of General Conditions of Contract.

5. Having heard the learned counsel for the petitioner and the learned standing counsel as above this writ petition will stand disposed of W.P (C) No.7646/2018 -3- permitting the petitioner to raise all disputes in the manner contemplated by Clause 25 of General Conditions of Contract before the competent authority. Writ petition is disposed of as above. AMG Sd/- GOPINATH P. JUDGE W.P (C) No.7646/2018 -4- APPENDIX OF WP(C) 7646/2018 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE TENDER NOTICE DATED 21.8.2012 ISSUED BY THE EXECUTIVE ENGINEER/4TH RESPONDENT VIDE F. NO.1/2/2009-AB-IV EXHIBIT P2 A TRUE PHOTOCOPY OF THE THEREMITTANCE COUNTERFOIL DATED 27.8.2012 TOWARDS THE COST OF THE TENDER FORM. EXHIBIT P3 A TRUE PHOTOCOPY OF THE REMITTANCE COUNTERFOIL DATED 27.8.2012 TOWARDS THE EARNEST MONEY DEPOSIT.(EMD) EXHIBIT P4 A TRUE COPY OF THE F.NO.2/15/2012-AB-IV/1912 DATED 5.11.2012 ISSUED BY THE SUPERINTENDING ENGINEER /3RD RESPONDENT. EXHIBIT P5 A TRUE COPY NEGOTIATION LETTER SUBMITTED BY THE PETITIONER. EXHIBIT P6 A TRUE COPY OF THE F.NO.2/15/2012-AB-IV/459 DATED 18.4.2013 ISSUED BY THE EXECUTIVE ENGINEER /4TH RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION DATED 27.4.2013 SUBMITTED BY THE PETITIONER TO THE EXECUTIVE ENGINEER/4TH RESPONDENT. EXHIBIT P8 A TRUE COPY OF THE F.NO.2/15/2012-AB-IV /1762 DATED 19.02.2014 ISSUED BY THE EXECUTIVE ENGINEER/4TH RESPONDENT. EXHIBIT P9 A TRUE COPY OF THE COMMUNICATION DATED 26.2.2014 SUBMITTED BY THE PETITIONER TO THE EXECUTIVE ENGINEER/4TH RESPONDENT. EXHIBIT P10 A TRUE COPY OF THE F.NO.2/15/2012-AB-IV/1848 DATED 11.3.2014 ISSUED BY THE EXECUTIVE ENGINEER/4TH RESPONDENT. EXHIBIT P11 A TRUE COPY OF REMITTANCE DETAILS DATED 24.3.2014 TOWARDS THE PERFORMANCE GUARANTEE. W.P (C) No.7646/2018 -5- EXHIBIT P12 A TRUE COPY OF THE COMMUNICATION DATED 25.3.2014 ISSUED BY THE PETITIONER TO THE EXECUTIVE ENGINEER/4TH RESPONDENT. EXHIBIT P13 A TRUE COPY OF THE F.NO.2/15/2012-AB-IV/1904 DATED 26.3.2014 ISSUED BY THE EXECUTIVE ENGINEER/4TH RESPONDENT. EXHIBIT P14 A TRUE COPY OF THE THEREREPRESENTATION DATED 24.5.2014 SUBMITTED BY THE PETITIONER TO THE EXECUTIVE ENGINEER/4TH RESPONDENT. EXHIBIT P15 A TRUE COPY OF THE POSTAL RECEIPTS DATED 26.5.2014 EVIDENCING THAT THE PETITIONER HAD SENT EXHIBIT P14 REPRESENTATIONS. EXHIBIT P16 A TRUE COPY OF THE F.NO.19-2/34/2013-AEK/952 DATED 10.6.2014 ISSUED BY THE ASSISTANT ENGINEER/5TH RESPONDENT TO THE PETITIONER. EXHIBIT P17 A TRUE COPY OF THEREREPRESENTATION DATED 12.6.2014 SUBMITTED BY THE PETITIONER TO THE JUNIOR ENGINEER/6TH RESPONDENT. EXHIBIT P18 A TRUE COPY THEREPRESENTATION DATED 23.7.2014 SUBMITTED BY THE PETITIONER TO THE JUNIOR ENGINEER / 6TH RESPONDENT. EXHIBIT P19 A TRUE COPY THEREPRESENTATION DATED 27.7.2014 SUBMITTED BY THE PETITIONER TO THE JUNIOR ENGINEER / 6TH RESPONDENT. EXHIBIT 20 A TRUE COPY THEREPRESENTATION DATED 15.8.2014 SUBMITTED BY THE PETITIONER TO THE JUNIOR ENGINEER / 6TH RESPONDENT. EXHIBIT P21 A TRUE COPY THEREPRESENTATION DATED 25.10.2014 SUBMITTED BY THE PETITIONER TO THE JUNIOR ENGINEER (ELECTRICITY DEPARTMENT) KALPENI ISLAND. EXHIBIT P22 A TRUE COPY THEREPRESENTATION DATED 09.06.2015 SUBMITTED BY THE PETITIONER TO THE ASSISTANT ENGINEER /5TH RESPONDENT. W.P (C) No.7646/2018 -6- EXHIBIT P23 A TRUE COPY THEREPRESENTATION DATED 15.6.2015 SUBMITTED BY THE PETITIONER TO THE EXECUTIVE ENGINEER /4TH RESPONDENT. EXHIBIT P24 A TRUE COPY THEREPRESENTATION DATED 29.9.2016 SUBMITTED BY THE PETITIONER TO THE ASSISTANT ENGINEER /5TH RESPONDENT. EXHIBIT P25 A TRUE COPY THEREPRESENTATION DATED 29.09.2016 SUBMITTED BY THE PETITIONER TO THE ASSISTANT ENGINEER /5TH RESPONDENT. EXHIBIT P26 A TRUE COPY OF THE COMPLETION CERTIFICATE DATED 07.10.2016 ISSUED BY THE ASSISTANT ENGINEER/5TH RESPONDENT. EXHIBIT P27 A TRUE COPY OF THEREPRESENTATION DATED 17.02.2017 SUBMITTED BY THE PETITIONER TO THE SUPERINTENDING ENGINEER/3RD RESPONDENT. EXHIBIT P28 A TRUE COPY OF THE F.NO.2/15/2012-AB-IV/920 DATED 15.3.2017 ISSUED BY THE EXECUTIVE ENGINEER/4TH RESPONDENT. EXHIBIT P29 A TRUE COPY OF THEREPLY NOTICE DATED 21.03.2017 SUBMITTED BY THE PETITIONER TO THE SUPERINTENDING ENGINEER/3RD RESPONDENT. EXHIBIT P30 A TRUE COPY OF THE F.NO.2/15/2012-AB-IV/1209 DATED 17.05.2017 ISSUED BY THE EXECUTIVE ENGINEER/4TH RESPONDENT. EXHIBIT P31 A TRUE COPY THE APPLICATION FOR EXTENSION OF TIME SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. EXHIBIT P32 A TRUE COPY OF THE INFORMATION PROVIDED UNDER THE RTI ACT, 2005. EXHIBIT P33 A TRUE COPY OF THE RELEVANT PORTION OF AGREEMENT REGISTER OF THE LAKSHADWEEP PUBLIC WORKS DEPARTMENT OBTAINED THROUGH RTI ACT, 2005.