M/s ICOMM Tele Limited vs Punjab Water Supply and Sewerage Board and another

Adarsh Kumar Goel, ACJ.—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.

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, 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.

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.

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.