KABORAM BAM SANDEEP SINGH v. The State of Manipur

HON’BLE THE CHIEF JUSTICE MR. SANJAY KUMAR HON’BLE MR JUSTICE MV MURALIDARAN For the appellants : Mr. N. Kumarjit, Advocate General For the respondents : Dr. RK Deepak, Advocate Date of Order : 28.03.2022 W.A. No. 6 of 2022; & Ors. Sanjay Kumar (C.J.): ORDER (ORAL) [1] These writ appeals, filed by the State of Manipur and its authorities in the Tribal Affairs and Hills Department, arise out of orders that are more or less identical in nature. They are therefore amenable to a conjoined disposal. Some appeals pertain to the common order dated 06.12.2021 passed in a batch of cases while the others pertain to the later common orders dated 08.12.2021 and 10.12.2021 passed in other batches of cases. [2] Heard Mr. N. Kumarjit, learned Advocate General, Manipur, appearing for the appellants; and Dr. RK. Deepak, learned counsel, appearing for the three contesting respondents in these appeals. [3] Miscellaneous applications filed by the appellants seeking leave to file appeals without certified copies of the orders under appeal are allowed as all the appeals arise out of common and identical orders. [4] The controversy in these appeals falls within a narrow compass. Initially, the Directorate of Tribal Affairs and Hills, Manipur, had issued Restricted Tender Notice No. 2 dated 10.02.2020 inviting sealed tenders from eligible contractors for undertaking various works. The three contesting respondents in these appeals were selected for execution of such works and were issued work orders in June, 2020. However, the Directorate of Tribal Affairs and Hills, Manipur, canceled these work orders vide orders dated 01.12.2020 and issued fresh Notices Inviting Tenders dated 07.12.2020 for the same works. [5] Aggrieved thereby, the contesting respondents filed writ petitions before this Court. Interim orders were passed therein directing that the fresh tender process should not be finalized without the leave of the Court. While so, W.A. No. 6 of 2022; & Ors. the Directorate of Tribal Affairs and Hills, Manipur, issued order dated 13.01.2021 cancelling the earlier cancellation orders dated 01.12.2020. However, as the contractors had not completed the works in terms of the work orders issued in June, 2020, the authorities issued show-cause notices to them on 14.01.2021. The contractors submitted their replies thereto on 19.01.2021. [6] At that stage, the authorities seem to have had second thoughts once more and issued orders dated 17.03.2021 again cancelling the Tender Notice dated 10.02.2020. Aggrieved by this fresh cancellation, the contractors again filed writ petitions. While these matters were pending consideration, order dated 01.12.2021 was issued by the Directorate of Tribal Affairs and Hills, Manipur, again reviving/restoring the Tender Notice dated 10.02.2020. When this order was placed before the learned Judge hearing the writ petitions, Dr. RK Deepak, learned counsel for the contractors, informed the learned Judge that the matters had become infructuous owing to the revival of the Tender Notice dated 10.02.2020. He further submitted that the authorities would be required to reschedule the time period prescribed under the earlier work orders issued in June, 2020. [7] Considering this submission, the learned Judge disposed of all the writ petitions, by orders dated 06.12.2021, 08.12.2021 and 10.12.2021, recording that the matters had become infructuous but directing the State authorities to reschedule the time period that had been prescribed in the work orders issued in June, 2020. [8] Mr. N. Kumarjit, learned Advocate General, Manipur, appearing for the appellants, would contend that the mere revival of the Tender Notice dated

10.02.2020 did not have the effect of nullifying the show-cause notices issued to W.A. No. 6 of 2022; & Ors. the contractors in January, 2021, calling upon them to explain as to why they had not undertaken the works in terms of the work orders issued to them in June,

2020. Learned Advocate General would argue that the direction of the learned Judge to reschedule the time period for completion of the works under the work orders issued in June, 2020, would bar the authorities from taking further action on the show-cause notices by examining the replies submitted by the contractors on 19.01.2021 and taking an appropriate decision as to whether there was any delay on the part of the contractors, warranting punitive measures. [9] Dr. RK Deepak, learned counsel, would however contend that the manner in which the authorities went about dealing with the issue clearly indicates their lack of seriousness and pray that his clients may be permitted to undertake execution of the works at least at this stage. [10] No doubt, the Directorate of Tribal Affairs and Hills, Manipur, has not shown consistency or proper application of mind while dealing with the subject works and issuance of proceedings in relation thereto. Strangely, even after the disposal of the writ petitions, the Directorate of Tribal Affairs and Hills, Manipur, again issued orders dated 29.12.2021 cancelling the work orders issued in June, 2020. This was followed up with fresh Notices Inviting Tenders dated

13.01.2022. However, such notices were cancelled by the Directorate of Tribal Affairs and Hills, Manipur, vide orders dated 04.03.2022. Further, the orders dated 29.12.2021 cancelling the work orders of June, 2020, were also cancelled with immediate effect, vide orders dated 09.03.2022. [11] In consequence, the earlier Tender Notice dated 10.02.2020 continues to hold the field as on date and the work orders issued pursuant thereto in June, 2020, to the contractors, the contesting respondents in these W.A. No. 6 of 2022; & Ors. appeals, also stand revived. However, the fact remains that show-cause notices were issued to them by the authorities in January, 2021, to explain why they had not commenced and completed the works. That issue has not attained a quietus as on date. Though the show-cause notices were also subjected to challenge by the contractors in some of the writ petitions, the learned Judge did not invalidate the same. No appeals have been preferred by the contractors in that regard. Further, the contractors submitted their replies to these show-cause notices in January, 2021 itself but the same are yet to be considered on merits. [12] Therefore, those proceedings cannot be set at naught at this stage. The authorities are at liberty to proceed on the strength of the show-cause notices and consider the replies of the contractors. However, given the length of time that has passed since then, it would be appropriate that an opportunity of personal hearing is also given to the contractors before the authorities take a decision as to whether there was any willful delay or negligence on their part in executing the works pursuant to the work orders issued in June, 2020. [13] The writ appeals are accordingly disposed of, setting aside the direction to the authorities to reschedule the time period for execution of the works pursuant to the work orders issued in June, 2020. The authorities shall consider the replies submitted by the contractors in response to the show-cause notices issued on 14.01.2021 and after giving them an opportunity of personal hearing, they shall take a decision in each individual case as to whether there was any willful delay or negligence on the part of the contractor concerned, warranting punitive action. In the event no such lapse is found to be attributable to the contractor concerned, the authorities shall reschedule the time period for execution of such works pursuant to the work orders issued in June, 2020. As it is W.A. No. 6 of 2022; & Ors. stated that the works in question are of an urgent nature, involving school infrastructure, it would be appropriate that the authorities complete the exercise expeditiously. The contractors shall accordingly be given a personal opportunity of hearing within two weeks from today and a final decision shall be taken within one month thereafter in each case, on the strength of the replies submitted by the contractors and what is stated by them during the course of the hearing. In the light of this final order, no orders need to be passed in the miscellaneous cases filed by the appellants for interim relief. The miscellaneous cases filed for stay are accordingly dismissed. In the circumstances, there shall be no order as to costs. A copy of this order shall be supplied online or through whatsapp to the learned counsel for the parties. Sandeep JUDGE CHIEF JUSTICE W.A. No. 6 of 2022; & Ors.