CWP No.15945 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition.No.15945 of 2011 Date of decision: 29.8.2011 M/s ICOMM Tele Limited ... Petitioner Versus Punjab Water Supply and Sewerage Board and another ... Respondents CORAM: HON'BLE MR.JUSTICE ADARSH KUMAR GOEL ACTING CHIEF JUSTICE HON'BLE MR.JUSTICE AJAY KUMAR MITTAL Present: Mr. Raman Sharma, Advocate for the petitioner. Adarsh Kumar Goel, ACJ. 1. This petition seeks quashing of action of respondent No.2, Superintending Engineer, Punjab Water Supply & Sewerage Board, Patiala levying penalty in terms of contract between the parties. 2. Case of the petitioners is that in pursuance of tender notice dated 26.8.2008, Annexure P.1, the petitioner was allotted the work of extension and augmentation of water supply at six locations in Punjab. In absence of requisite performance, penalty could be imposed. On allegation of not achieving requisite performance, penalty had been imposed against the petitioner and vide order dated 11.8.2011, Annexure P.7, respondent No.2, 1 CWP No.15945 of 2011 Superintending Engineer closed the hearing and vide letter dated 12.8.2011, Annexure P.8 upheld penalty. According to the petitioner, respondent No.2 has acted unfairly. 3. We are of the view that the issue relates to performance in terms of contract between the parties. Whether or not the petitioner performed as per contract is a question of fact. There is no allegation of malafide. 4. Having regard to the facts and circumstances of the case, we are of the view that the issues raised in the petition cannot be gone into in summary proceedings under Article 226 of the Constitution. Accordingly, the petition is dismissed without prejudice to any other remedy, in accordance with law. (Adarsh Kumar Goel) Acting Chief Justice August 29, 2011 (Ajay Kumar Mittal) ‘gs’ Judge 2 CWP No.15945 of 2011 3