- (1.) Leave granted in SLP (C) No. 23987/2002.
(2.) The Delhi Development Authority (hereinafter referred to as the "DDA" calls in question the legality of the judgment rendered by a Division Bench of the Delhi High Court whereby it has held that act of the appellant in not awarding contract to the respondent No. 1 M/s. UEE Electricals Engg. (P) Ltd. was not in accordance with law. Though the contract awarded to the second respondent was not nullified, it was held by the High Court that the first respondent who was deprived of its right was entitled to costs to be paid by the appellant. Liberty was also granted to the respondent No. 1 to file a suit for damages if it so thought appropriate.
(3.) Background facts as projected by the appellant DDA which need to be noticed are as follows : In March, 2001, tenders were invited by the appellant for the supply and installation of Clear Water Boosting Pumping Station at Command Tank No. 1 at Sector-7. Clause 10 of the Tender Notice indicated that the final decision, with respect to acceptance of the tender, rests with the Chief Engineer (Electrical) and there was no compulsion to accept the lowest tender. On 21-5-2001 Ashok Sehgal - a Director of the respondent No. 1 - Company went to the Division Office of the Authority, were one Mr. V. K. Kapoor was acting as the Assistant Engineer (Electrical), for clearance of his earlier dues. Aforesaid, Mr. Ashok Sehgal insisted that the files should be handed over to him which was not done by Mr. V. K. Kapoor. Since the files were not handed over. Mr. Ashok Sehgal physically assaulted Mr. V. K. Kapoor with a sharp weapon which caused an injury near the right eye. At about 3.45 p.m. an FIR was lodged by Mr. V. K. Kapoor for alleged commission of offences punishable under Sections 186, 353, and 332 of the Indian Penal Code, 1860 (in short the "IPC") before the Dabri Police Station, Delhi. The matter was also referred for enquiry to the Executive Engineer (Headquarter) of DDA. Mr. Ashok Sehgal submitted a letter to the Commissioner of Police at about 8 p.m. on the same date making allegations against officials of DDA. On 19-6-2001 Enquiry Officer submitted a report inter alia observing that Mr. V. K. Kapoor's version was correct and that the allegations made by Mr. Ashok Sehgal appear to be in retaliation. It was found that Mr. Ashok Sehgal had tried to support his case by producing a medical certificate issued by a Private Polly Clinic which was not valid for a Medico-legal case. The further allegation that Mr. V. K. Kapoor demanded bribe from Mr. Ashok Sehgal was found to be incorrect. The allegation that Mr. Ashok Sehgal was physically beaten up by Mr. V. K. Kapoor was also found to be not correct on view of the statements given by some eye-witnesses. It was, therefore, recommended that necessary action should be taken by the competent authority.;