THE HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.31313 of 2010 ORDER: Petitioner is awarded a contract valid from 01.01.2010 to 31.12.2011 for transporting bulk petroleum products (fuels) from Vizag terminal to various other places in the State. On the allegation that the stock transported through tank truck bearing No.AP05 TU 3939 was short delivered by 934 liters of JET Aviation Fuel at the time of unloading at the site, notice vide reference No.VT/Ops/S&D, dated 27.08.2010, was issued to the petitioner calling for its explanation. Even while calling for the explanation, the second respondent – Chief Terminal Manager, Indian Oil Corporation Limited, Visakhapatnam, informed the petitioner that the said tank truck would not be utilized in the absence of satisfactory reply. It appears that the petitioner filed explanation, dated 27.08.2010, explaining the circumstances. Ever since the said explanation, the respondents have not passed any final order in the matter. Sri T.Srinivas, learned Standing Counsel for Indian Oil Corporation Limited, on instructions, would however submit that the petitioner has not submitted the alleged explanation, dated 27.08.2010. If that be so, the petitioner is permitted to file an explanation within three (3) days from today. A perusal of Clause 8.2.2.1 of the Tender Terms and Conditions would prima facie show that for short delivery, tank truck shall be suspended for one day. It is not disputed that ever since the notice, dated 27.08.2010 was passed, the tank truck was not utilized, which would mean that the punishment, if awarded according to Clause 8.2.2.1 of the Tender Terms and Conditions, would be more than sufficient. However, it is for the respondents to consider the explanation of the petitioner and pass appropriate orders. The respondents are therefore directed to pass appropriate orders on the explanation filed/to be filed by the petitioner, within a period of seven (7) days. Having regard to the nature of penalties provided in the Tender Terms and Conditions, and that the contract is valid till 31.12.2011 during which time the petitioner would remain under the control of the respondents, it is just and proper to direct the respondents to utilize the tank truck bearing No.AP05 TU 3939 subject to passing of final orders. Accordingly, the respondents are directed to utilize the said truck, till final decision is taken into the allegations. On the consent of both the learned counsel, the writ petition is disposed of at this stage as above. No order as to costs. ______________________ NOUSHAD ALI, J 21st DECEMBER, 2010. Note: issue c.c. in two (2) days. kvni