T S PRAKASH RAO Vs. VISAKAPATNAM PORT TRUST

JUDGEMENT

(1.) The writ appeal is filed by the unsuccessful petitioner. The writ petition was dismissed by the learned single Judge by an order dated 24-3-1998 reported in 1998 (3) ALD 474, refusing to issue a writ of certiorari in favour of the petitioner. The appellant challenged two orders issued by the respondent, one is a Memorandum bearing No.Cl/PC/TSPR/94 dated 12-9-1994 and the other is an Order bearing No.Cl/PC/TSPR/95 dated 15-5-1995. The appellant prayed for a writ of certiorari to quash both the orders. By an elaborate order, the learned single Judge dismissed the writ petition. Hence this appeal. In this appeal, the parties are referred to as they were referred to in the writ petition.

(2.) The facts are not in dispute. Briefly stated they are as follows: The petitioner retired as an Executive Engineer (Civil) with effect from 30-11-1993 in the respondent organisation. In the year 1990-91 and 1991-92, the Port Trust called for tenders for the work of sprinkling of water on the roads in the dock area. Nine tenders were received. In the tender notice for the year 1990-91, a special condition was included calling upon the tenderers to furnish details of number of vehicles owned by the contractor and their capacity to handle the work which is difficult and risky. After the scrutiny by a Tender Committee, the Chairman of the Visakhapatnam Port Trust approved the tenders. As per the Port Trust the incorporation of a special condition resulted in poor response from the tenderers causing monetary loss to the tune of Rs.1,06,740/- to the respondent.

(3.) The respondent by its letter dated 30-11-1993 allowed the petitioner to retire from the Port Trust with effect from 30-11-1993 A.N. on attaining the age of superannuation without prejudice to the disciplinary action contemplated against him.