CWP No.15945 of 2011 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Writ Petition.No.15945 of
2011 Date of decision: 29.8.2011
M/s ICOMM Tele Limited
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Petitioner
Versus
Punjab Water Supply and Sewerage Board and another
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Respondents
CORAM: HON’BLE MR.JUSTICE ADARSH KUMAR GOEL
ACTING CHIEF JUSTICE
HON’BLE MR.JUSTICE AJAY KUMAR MITTAL
Present: Mr. Raman Sharma, Advocate for the petitioner.
Adarsh Kumar Goel, ACJ.
1. This petition seeks quashing of action of respondent
No.2, Superintending Engineer, Punjab Water Supply & Sewerage
Board, Patiala levying penalty in terms of contract between the
parties.
2. Case of the petitioners is that in pursuance of tender
notice dated 26.8.2008, Annexure P.1, the petitioner was allotted
the work of extension and augmentation of water supply at six
locations in Punjab. In absence of requisite performance, penalty
could be imposed. On allegation of not achieving requisite
performance, penalty had been imposed against the petitioner and
vide order dated 11.8.2011, Annexure P.7, respondent No.2,
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Superintending Engineer closed the hearing and vide letter dated
12.8.2011, Annexure P.8 upheld penalty. According to the
petitioner, respondent No.2 has acted unfairly.
3. We are of the view that the issue relates to performance
in terms of contract between the parties. Whether or not the
petitioner performed as per contract is a question of fact. There is no
allegation of malafide.
4. Having regard to the facts and circumstances of the
case, we are of the view that the issues raised in the petition cannot
be gone into in summary proceedings under Article 226 of the
Constitution.
Accordingly, the petition is dismissed without
prejudice to any other remedy, in accordance with law.
(Adarsh Kumar Goel)
Acting Chief Justice
August 29, 2011 (Ajay Kumar Mittal)
'gs' Judge
CWP No.15945 of 2011 3