Challenge to interlocutory orders vacating interim stays in a public procurement dispute involving alleged irregularity in contract awards for outsourcing customer service.
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HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE
AND
HON’BLE SRI JUSTICE P. NAVEEN RAO
WRIT APPEAL Nos. 128, 129 AND 130 OF 2016
23-02-2016
WRIT APPEAL No. 128 OF 2016
Between:
M. Parthasarathi Krishna
… Appellant
And
The Andhra Pradesh Southern Power Distribution Company Limited (APSPDCL) Operations, rep., by its Chairman & Managing Director, Chittoor and others
… Respondents
HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON’BLE SRI JUSTICE P. NAVEEN RAO
WRIT APPEAL Nos. 128, 129 AND 130 OF 2016
PC: (per the Hon’ble the Acting Chief Justice Dilip B. Bhosale)
These writ appeals are directed against interlocutory orders passed in miscellaneous petitions whereby interim orders dated 02-09-2015 and 01-09-2015 passed in WPMP Nos.36467 and 36386 in Writ Petition Nos.28108 and 28060 of 2015 respectively have been vacated. The relevant portion of the impugned orders reads thus:
“In this Writ Petition, the petitioner has questioned the proceedings dt.20-08-2015 issued by 2nd respondent awarding contract for Outsourcing of Customer Service Center on works contract basis for Operation and Maintenance at Operation Sub-Division, Allagadda for the period from 01-09-2015 to 31-03-2016 to 3rd respondent.
The case of the petitioner is that for the period from 01-06-2015 to 31-03-2016 the same contract had been awarded to him by proceedings dt.29-07-2015 of the 2nd respondent.
In the counter-affidavit filed by 2nd respondent, the 2nd respondent had denied issuing the said letter dated 2907-2015 and contended that the said letter appears to have been created by petitioner.
Although reply affidavit has been filed by petitioner refuting this contention, since no material has been placed by petitioner to establish that 2nd respondent did issue the letter dated 29-07-2015, it has to be presumed that petitioner has not approached the Court with clean hands.”
In view of the observations made by learned Judge in the impugned orders, we have perused the letters dated 29-07-2015.
From the contents of the letters, it is clear that there is overwriting and that the dates are changed, including the date of the said letters. That seems to have impressed the learned single Judge to hold that the appellants have not placed any material on record to establish that the letters were in fact issued by the 2nd respondent. Even before this Court, learned counsel for the appellants could not and did not demonstrate that the letters, dated 29-07-2015, on the basis of which the appellants claim their right, are genuine and in fact are issued by the 2nd respondent.
We do not see any reason to interfere with the impugned orders. Hence, the writ appeals are dismissed. Miscellaneous petitions, if any, also stand disposed of.
_________________________ DILIP B. BHOSALE, ACJ ________________________ P. NAVEEN RAO, J 23-02-2016 ks
1 issue framed by the court
Whether the impugned orders vacating interim stay orders satisfied the requirement that the appellant establish the genuineness of the original award letter.
M. Parthasarathi Krishna
The Andhra Pradesh Southern Power Distribution Company Limited (APSPDCL) Operations
DILIP B. BHOSALE
P. NAVEEN RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
