Divine Fuel Services Pvt. Ltd And Ors vs State Of Tripura And Ors

[1] Heard Mr. Somik Deb, learned counsel along with Mr. A. Dey, learned counsel appearing for the petitioner as well as Mr. P. Datta, learned counsel appearing for the respondents No.2 and 3 and Mr. D. Sharma, learned Addl. G.A. appearing for the respondent No.1.

[2] By means of this petition, the petitioner has challenged the decision contained in the letter dated 28.06.2018 (Annexure-6 to the writ petition). It has been urged to direct the respondents allow the petitioner continue the business of testing of CNG cylinders. The petitioner is a Company, incorporated under the Companies Act, 1956 and the company [the petitioner] is engaged in periodical testing of CNG cylinders. They had distinction to provide services to Gujarat Gas Company Limited, Tapti Valley Education Foundation, Gas Authority of India Limited etc.

[3] By the letter dated 27.11.2017 (Annexure-2 to the writ petition), the petitioner was granted permission to carry out the periodical testing of the CNG cylinders in the testing station at Amtali, Kuripukur, Ramkrishna Palli, Agartala till 30.09.2018. On 24.04.2018, the Managing Director, Tripura Urban Transport Company Limited (TUTCL), the respondent No.3 herein, issued the letter under No.F.6(12)TUTCL/Testing of CNG Cylinders/2015/386 requesting for quoting the rate of Hydro Testing and Retro fitting of CNG cylinders. Pursuant to that letter dated 24.04.2018, the petitioner quoted the rate of Rs.8450/- per bus for undertaking the Hydro Testing and Retro fitting of CNG cylinders. The said rate was accepted by the respondent No.3. The petitioner was, therefore, asked to start the testing of the CNG cylinders of 10 nos. of buses within the timeframe i.e. within 7 days from the receipt of the letter dated 26.06.2018 (Annexure-5 to the writ petition).

[4] The grievance of the petitioner, in a nutshell is that within a short span of two days from the date of issuance of the said order dated 26.06.2018, the respondent No.3 cancelled the said testing order abruptly without giving any notice to the petitioner. The letter dated 28.06.2018 (Anneuxre-6 to the writ petition) was issued in reference to the work order issued by the respondents No. 2 and 3 on 26.06.2018 for testing the CNG cylinders of 10 buses of TUTCL. According to the respondents No.2 and 3, in terms of the work order, the petitioner had in the morning of 27.06.2018 prepared for testing of CNG cylinders but for the fault in the machine, those cylinders could not be tested. It has been stated by the respondents that CNG cylinders testing unit was completely unfit for testing the CNG cylinders as the Hydraulic Machine and the Boroscopic Machine of the plant became unserviceable.

[5] The petitioner has asserted that it was entitled to a notice in respect of the said allegation made against the petitioner on the ground of denial of principles of natural justice, this writ petition has been filed seeking the reliefs as referred above.

[6] By filing the reply, the respondents No. 2 and 3 have admitted the fact that having regard to the letter dated 28.06.2018 (Annexure-6 to the writ petition), it has been asserted that the rate quoted by the petitioner was accepted for meeting the emergent requirement. It was agreed that the petitioner shall start Hydro-Testing and Retro-fitting of CNG cylinders of 10 buses, one bus containing 3 cylinders each. The petitioner was asked to complete the job within seven days by the letter dated 26.06.2018. When on 27.06.2018, two bus operators parked their buses for testing, those cylinders could not be tested for non-availability of the workmen for the testing. This conduct had annoyed the respondents.

[7] Mr. P. Datta, learned counsel appearing for the respondents No. 2 & 3 has submitted that the respondents No. 2 and 3 made contact with the Deputy Controller of Petroleum Explosive Safety Organisation (PESO), Guwahati office to know about the functioning status of the said testing station and came to be apprised that hydraulic machine and boroscopic machine which were needed for hydro-testing and retro-fitting of CNG cylinders in the petitioner's unit were unserviceable.

[8] Having confronted with the said failure of the emergency service as noticed on 27.06.2018, the impugned letter was issued. Mr. A. Dey, learned counsel appearing for the petitioner has submitted that the said unit has the serviceable machine for hydro testing and retro fitting of CNG cylinders. This is a disputed fact which this court cannot decide in a writ petition. However, on consensus of the counsel for the parties, this writ petition is disposed of in terms of the following directions:

A team constituted by the respondents No. 2 and 3 and a representative from PESO shall visit the petitioner's unit to test whether the unit is fit to provide hydro-testing and retro-fitting of CNG cylinders or not. It has been mentioned that for purpose of such testing, hydraulic machine and boroscopic machine are required in a functional status. If on such testing of the petitioner's unit, it is found by the team that the petitioner can provide those services relating to hydro-testing and retro-fitting of CNG cylinders, the respondents No. 2 and 3 shall restore their licence. But in case, it is found that the unit is unfit to provide the hydro-testing and retro-fitting of CNG cylinders, the respondents No.2 and 3 shall be at liberty to take suitable action.

It is expected that the team along with the representative from PESO shall visit the unit within a period of 20 (twenty) days from the date of receipt of the copy of this order. For defraying the expenses of visit by the representative from PESO, the petitioner shall bear all expenses.

There shall be no order as to costs.