LAWS(MAD)-2015-3-668

SAI CATERERS Vs. STATION DIRECTOR, NUCLEAR POWER CORPORATION OF INDIA LTD ; MANAGER (HR-ER- & ENGINEER IN CHARGE NUCLEAR POWER CORPORATION OF INDIA LTD

Decided On March 18, 2015
Sai Caterers Appellant
V/S
Station Director, Nuclear Power Corporation Of India Ltd ; Manager (Hr-Er- And Engineer In Charge Nuclear Power Corporation Of India Ltd Respondents

JUDGEMENT

(1.) The Appellant has preferred these intra Court Writ Appeals as against the common order dated 12.02.2015 in W.P.No.23181 of 2014 and W.P.No.5649 of 2014 passed by the Writ Court.

(2.) The Writ Court, while passing the impugned order in W.A.Nos.23181 and 5649 of 2014, dated 12.02.2015, had, inter alia, observed, in paragraph 17, that '... During the course of personal hearing, the petitioner reiterated that he had intimated that he was de-barred in page 40 of the tender notification and there is no litigation pending to be mentioned in page 21 of the tender documents. In the preceding paragraphs, this Court has dealt with these issues and held that the plea raised by the petitioner is wholly unsustainable. The fact that the petitioner was afforded an opportunity of personal hearing clearly reveals that there has been full compliance of the principles of natural justice. The respondents are not judicial or quasi judicial authorities and are not trained to write judgments or orders, what is required to be seen in these matters is as to whether fundamentals of fair play were followed whether there was an opportunity for the petitioner to represent his case. Facts disclose that effective and adequate opportunity has been granted to the petitioner. In such circumstances, it is not a case where there has been a violation of principles of natural justice for this Court to interfere with the matter' and resultantly dismissed W.P.No.23181 of 2014 and dismissed W.P.No.5649 of 2014 as infructuous without costs. Further, it observed that 'Taking note of the fact that the period of contract is for two years and the period is going to come to an end in April 2015, the respondents may consider permitting the petitioner to complete the contract on the petitioner's submitting a representation as expeditiously as possible'.

(3.) According to the Learned Counsel for the Appellant, the common order passed by the Writ Court in W.P.Nos.23181 & 5649 of 2014 is legally unsustainable for the reason that the same is in contravention of the settled principles governing the application of the principles of natural justice.