CWP No.3136 of 2009 1 IN THE HIGH COURTOF PUNJAB AND HARYANA, CHANDIGARH. CWP No. 3136 of 2009 Date of decision: 30.4.2009 M/s Amritsar Health Care System ....Petitioner. vs. The Union Territory, Chandigarh and others ......Respondents CORAM: HON'BLE MR.JUSTICE J.S.KHEHAR. HON'BLE MR.JUSTICE UMA NATH SINGH. --- Present: Mr.A.R.Takkar, Advocate, for the petitioner. Mr.Mr.Anupam Gupta and Ms.Jaishree Thakur, Advocates, for respondent Nos.1,3,4 and 5. Mr.H.P.S.Rahi, Advocate, for respondent No.2. -- J.S.KHEHAR,J. (Oral) The Chandigarh Administration issued a tender notice dated 23.5.2008 inviting sealed tenders for the contract of lifting bio-medical waste from 43 dispensaries in the Union Territory of Chandigarh, to the incinerator installed at the Government Multi-Speciality Hospital, Sector- 16, Chandigarh, for a period of one year. The petitioner submitted its tender in response to the aforesaid tender notice, and was allotted the work of transporting bio-medical waste, referred to hereinabove. The order dated 5.11.2008 by which the work of lifting bio-medical waste, was allotted to the petitioner (Annexure P3). A perusal of the aforesaid order reveals, that while accepting the offer of the petitioner, the Director Health and Family CWP No.3136 of 2009 2 Welfare, Chandigarh, required the petitioner to complete all the formalities depicted in the terms and conditions of the tender within a period of seven days. The aforesaid communication dated 5.11.2008, was received by the petitioner on 10.11.2008. On the following day i.e. 11.11.2008, the petitioner addressed a letter to the Director Health and Family Welfare, Chandigarh, informing him that he was in the process of complying with the prescribed formalities, including authorisation to use the vehicle for transporting bio-medical waste, at the hands of the Chandigarh Pollution Control Committee, as also the State Transport Authority, Chandigarh. Since the petitioner did not fulfil the prescribed conditions within the time assigned to it, the Director Health and Family Welfare, Chandigarh, granted the petitioner extension of ten days with effect from 17.11.2008 (Annexure P5), so as to complete all the required formalities within the extended time. On 19.11.2008, the petitioner addressed a letter to the Chandigarh Pollution Control Committee, requiring the committee to issue the authorisation/clearance to the petitioner for using the transport vehicle purchased by it for transportation of bio-medical waste. On the receipt of the aforesaid communication, the Chandigarh Pollution Control Committee addressed a communication to the petitioner dated 25.11.2008, requiring the petitioner to submit an application on the prescribed form. On the following day i.e., 26.11.2008, the petitioner submitted an application on the prescribed form. The process of obtaining authorisation/clearance from Chandigarh Pollution Control Committee, did not fructify within the CWP No.3136 of 2009 3 extension allowed to the petitioner. Accordingly, the Director Health and Family Welfare, Chandigarh through a communication dated 12.11.2008 required the petitioner to complete all formalities as per terms and conditions of the tender notice “...at the earliest”. Although the petitioner continued to press his claim for authorisation/clearance at the hands of the Chandigarh Pollution Control Committee, yet its efforts did not lead to any positive results. Since the petitioner could not produce an authorised vehicle for carrying bio-medical waste even within the extended time allowed to it, the Director Health and Family Welfare, Chandigarh, by a memorandum dated 29.1.2009 (Annexure P12) cancelled the allotment of work assigned to the petitioner on 5.11.2008 and forfeited the earnest money deposited by it. The petitioner has approached this Court, by filing the present petition, to assail the aforesaid memorandum dated 29.1.2009. The solitary contention advanced by the learned counsel for the petitioner during the course of hearing has been that the petitioner has not been remiss in any manner whatsoever, and that delay, if any, is at the hands of the agencies of the Chandigarh Administration, namely, the Chandigarh Pollution Control Committee or the State Transport Authority Chandigarh. According to the learned counsel for the petitioner, the petitioner had purchased the vehicle for transportation of the bio-medical waste, and had carried out the necessary modification thereon, so as to transport bio-medical waste, yet for reasons of authorisation/clearance at the hands of the competent authority, it could not discharge the obligation vested in it (by the work allotment letter dated 5.11.2008). CWP No.3136 of 2009 4 It is also the contention of the learned counsel for the petitioner, that during the pendency of the instant writ petition the Chandigarh Pollution Control Committee has declared the vehicle purchased by the petitioner for transportation of bio-medical waste fit for the purpose on 26.3.2009. We have considered the totality of the circumstances, noticed hereinabove. We are of the view, that the actions of the petitioner do not depict any dereliction at its hands. All that was required by the petitioner was to make available a vehicle for transportation of bio-medical waste in terms of the order passed by the Chandigarh Administration. The aforesaid vehicle was made available, and was presented for inspection at the earliest, and certainly within the extended period of complying with the requirements of the work allotment letter, as well as, the terms and conditions of the tender notice. Yet, as a consequence of delay at the hands of the Chandigarh Pollution Control Committee, which eventually approved the vehicle presented by the petitioner, as fit for carrying bio-medical waste on 26.3.2009, the petitioner's claim could not be validly considered by the respondents. In the peculiar facts and circumstances, noticed herein above, we are satisfied, that the Chandigarh Administration was wholly unjustified in passing the impugned order dated 29.1.2009 (Annexure P12) cancelling the work allotment letter, as also forfeiting the earnest money deposited by the petitioner. We hereby accordingly, set aside the order dated 29.1.2009 (Annexure P12). Since the petitioner's vehicle for carrying bio-medical waste has already been approved by the Chandigarh Pollution Control CWP No.3136 of 2009 5 Committee, we are satisfied, that the contract earlier assigned to the petitioner through work allotment letter dated 5.11.2008, should be allowed to be executed by the petitioner subject to the condition that the same shall be deemed to run with effect from 1.5.2009. The contract shall be valid for a period of one year in terms of the original tender notice i.e., till 30.4.2010. Disposed of in the aforesaid terms. ( J.S.Khehar) Judge (Uma Nath Singh) Judge April 30, 2009 rk