The petitioner challenged termination of a cycle/scooter stand contract after expiry. The court held no right to continue beyond the term and thus no need for notice; dismissed.
Writ petition and connected miscellaneous petition dismissed with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON'BLE SRI JUSTICE R. SUBHASH REDDY
WRIT PETITION No.20856 of 2012
Date : 18.07.2012
Between :
S. Srinivas.
…..Petitioner
And
The Superintendent, Osmania General Hospital, Hyderabad.
…..Respondent
HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.20856 of 2012
ORDER :
Petitioner was awarded contract for cycle and scooter stand in the premises of Osmania General Hospital, Hyderabad during the year 2009-10, as he was highest bidder with an amount of Rs.9,05,000/-. He was allowed to continue for the subsequent year also, commencing from 01.01.2011, for the same amount.
In this writ petition, the petitioner has questioned the notice dated 22.06.2012, issued by the Superintendent, Osmania General Hospital, Hyderabad, terminating the contract of the petitioner.
Even admitted position as stated in the affidavit filed by the petitioner himself is that there is no contract for the period beyond 31.12.2010 but he was continued beyond the contract period on payment of same amount as was offered during 2009-10.
In this writ petition, the only argument advanced by the learned counsel for petitioner is that the respondent, without issuing any show cause notice and without inviting objections from the petitioner, has passed the impugned order.
In this case, it is to be noticed that the contract granted to the petitioner was for 2009-10 i.e. from 01.01.2009 to 31.12.2010, therefore, he has no right at all to continue beyond the said contract period, but it is not
known as to on what basis he was allowed to continue for the period beyond 31.12.2010. As the contract period is already expired, there is no need to issue any show cause notice or to give opportunity to the petitioner before issuing the impugned proceedings. The mere continuation of petitioner beyond the contract period will not confer any right on him to seek for further continuation. For the aforesaid reasons, the writ petition is devoid of merit and it is accordingly dismissed. No costs. As a sequel, WPMP.No.26716 of 2012 also stands dismissed.
______________________ R. SUBHASH REDDY, J
18th July 2012 ajr
2 issues framed by the court
Whether the petitioner is entitled to a principle of natural justice involving a show-cause notice when terminating a contract after its expiry.
Whether the continuation of the contract beyond the statutory period created a vested right to seek further continuation.
S. Srinivas
The Superintendent, Osmania General Hospital, Hyderabad
R. Subhash Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
