SHIV SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Shri Jitendra Sharma, Advocate for the petitioner. Shri Arvind Kumar Agrawal, Advocate for respondents No. 2 to 4. Heard. The petitioner has filed this petition against the order dt. 21-11-2012 (Annexure P/1), by which the Handling Transport Contract (HTC) of the petitioner has been cancelled.

(2.) The petitioner was awarded Handling and Transport Contract of Gwalior District for a period of two years from 9-10-2012 to 8-10-2014. In accordance with the terms of contract, the petitioner had to deposit security within 15 working days from the date of acceptance of his tender and the aforesaid time could be further extended for a period of seven working days. The tender of the petitioner was accepted and the appointment letter was issued on 16-8-2012 with directions to deposit the security amount of Rs. 8,46,000/-. The petitioner was also directed to deposit the irrevocable and unconditional bank guarantees of Rs. 16,91,000/- of State Bank of India or its Associate Banks in the prescribed form. The petitioner did not deposit the aforesaid amount. The petitioner in his letter dt. 8-10-2012 mentioned that the security deposit amount could be deposited from his EMD amount of Rs. 3,38,000/- and Rs. 85,000/- and balance amount could be deducted from running bills. He, further submitted that he would deposit the bank guarantee upto 31-10-2012. A show cause notice was issued to the petitioner on 6-5-2011 to the effect that the petitioner did not deposit the bank guarantee. The petitioner informed the corporation vide letter dt. 12-11-2012 that due to shortage of money and other reasons he could not deposit the bank guarantee upto 12-11-2012 and requested for extension of time to deposit the bank guarantee upto 28-11-2012.

(3.) From the facts of the case, it is clear that the petitioner did not deposit the bank guarantee within 15 working days or even in extended period of seven working days because the contract was awarded to him and offer letter was issued on 16-8-2011, it means that upto a period of four months, the petitioner was not able to deposit the bank guarantee.