POWER CARRIERS (INDIA) PVT. LTD. (M/S) Vs. G.M. LANONG

JUDGEMENT

(1.) These two appeals, directed against the same order dated 11.10.2010 as passed by the learned Single Judge in WP(C) No.295 (SH) of 2007, have been considered together; and are taken up for disposal by this common judgment.

(2.) The respondent of these appeals Shri G.M. Lanong [hereinafter referred to as 'the respondent' or 'the writ petitioner'] preferred the writ petition aforesaid while stating grievance against the actions of the appellant of Writ Appeal No. 6 of 2011, the Meghalaya State Electricity Board [now the Meghalaya Energy Corporation Limited hereinafter referred to as 'the appellant-Board' or 'the Board'] and its officers, where they invited tenders for a civil works contract but later on, cancelled the tender process and then, awarded the contract to the appellant of Writ Appeal No.49 of 2010, Power Carriers (India) Pvt. Ltd. [hereinafter referred to as 'the appellant-Company'].

(3.) In the impugned order dated 11.10.2010, the learned Single Judge held that the Board and its officers had acted wholly unfair in cancelling the tender process and then, awarding the contract in question to the appellant-Company without inviting fresh tenders and thereby, denying the writ petitioner an opportunity to participate. However, in view of the fact that execution of the work under the contract in question was already over, the learned Single Judge found it illogical to set aside the decision of awarding the contract and, instead, considered it justified that the writ petitioner be compensated by the present appellants. Accordingly, the learned Single Judge held the present appellants jointly and severally liable to pay an amount of Rs.10,00,000/- (ten lakhs) as damages and further an amount of Rs.50,000/- (fifty thousand) towards costs of proceedings to the writ petitioner.