Gauhati High Court
Page No.# 1/4 vs The Union Of India And 5 Ors on 8 November, 2021
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/4
GAHC010182342021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5826/2021
M/S NAD AND ASSOCIATES AND ANR
A PARTNERSHIP FIRM HAVING ITS OFFICE SITUATED AT OSWAL
COMPLEX, 1ST FLOOR, M.G. ROAD, FANCY BAZAR, GUWAHATI-781001, IN
THE PRESENT PROCEEDINGS, THE PETITIONER FIRM IS REPRESENTED
BY ONE OF ITS PARTNERS NAMELY SRI PARAS DIDWANIA, AGED ABOUT -
37, SON OF SRI MOHAN LAL DIDWANIA RESIDENT OF OSWAL COMPLEX,
1ST FLOOR, M.G. ROAD, FANCY BAZAR, GUWAHATI-781001
2: SRI PARAS DIDWANIA
ONE OF THE PARTNERS OF THE PETITIONER NO. 1 FIRM
SON OF SRI MOHAN LAL DIDWANIA
RESIDENT OF OSWAL COMPLEX
1ST FLOOR
M.G. ROAD
FANCY BAZAR
GUWAHATI-781001
VERSUS
THE UNION OF INDIA AND 5 ORS
REPRESENTED BY SECRETARY, MINISTRY OF RAILWAYS, RAILWAY
BOARD, NEW DELHI.
2:THE NORTH EAST FRONTIER RAILWAY
REP. BY THE GENERAL MANAGER
N.F. RAILWAY
MALIGAON
GUWAHATI-11.
3:THE PRINCIPAL FINANCIAL ADVISER
N.F. RAILWAY
MALIGAON
GUWAHATI-11.
Page No.# 2/4
4:THE DEPUTY CHIEF ACCOUNTS OFFICER/T
N.F. RAILWAY
MALIGAON
GUWAHATI-11.
5:THE SR. ASSIST. FINANCIAL ADVISER/T-II
N.F. RAILWAY
MALIGAON
GUWAHATI-11.
6:M/S RAO AND EMMR
ROOM NO. 306
ROYAL PLAZA
PURVODAY BHAWAN (OPP. APOLLO HOSPITAL)
CHRISTIAN BASTI
GUWAHATI-05
Advocate for the Petitioner : MR. A GOYAL
Advocate for the Respondent : SC, RAILWAY
BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 08/11/2021 Heard Mr. A Goyal, learned counsel for the petitioners and Mr. B Sarma, learned Standing counsel, Railways for the respondent Nos. 1 to 5.
The respondents in the NF Railway through the Deputy Chief Accounts Officer/Traffic on 22.07.2021 issued e-Tender Notice inviting bids for the work of GST Return filing and other services with regard to GST related issues of NF Railways for 3 (three) years, fixing 12:00 PM of 23.08.2021 as tender closing time and date.
Pursuant to the said e-Tender Notice dated 22.07.2021 of the respondents in the Railway, the petitioners participated in the tender process. However, without cancelling the said e-Tender Notice dated 22.07.2021, the respondents in the Railway on 08.10.2021 issued Page No.# 3/4 a fresh e-Tender for the same work of GST Return filing and other services with regard to GST related issues of NF Railways, but changing the eligibility conditions.
In the meanwhile, the respondents Railway by order under No. TA/GST/Contract/RT/2021-2022 dated 12.10.2021 (Annexure-III to this petition) accepted the quotation of the respondent No. 6 dated 07.10.2021 and issued Letter of Acceptance to the said respondent for the work of GST Return filing and any other services with regards to GST related issues of N.F. Railway for a period of 2 (two) months w.e.f. 17.10.2021 to 16.12.2021 for an amount of Rs. 1,51,040/- including 18% GST.
Being aggrieved with such action of the respondents NF Railway in awarding the said work for 2 (two) months by the impugned order dated 12.10.2021, noted above as well as the impugned fresh e-Tender Notice dated 08.10.2021 (Annexure-V to this petition), the petitioner has preferred this writ petition stating that the impugned order of the respondents Railway dated 12.10.2021 issued in favour of the respondent No. 6 for the said work of GST Return filing and any other services with regards to GST related issues of N.F. Railway for a period of 2 months is in violation of the Office Order No. 23/7/07 dated 05.07.2007 of the Central Vigilance Commission, as the said work was entrusted to the respondent No. 6 without issuing any NIT.
It is contended by the petitioners that the fresh e-Tender Notice dated 08.10.2021 has been issued by the respondents in the NF Railways changing the eligibility condition only to help the said respondent No. 6.
Issue notice, returnable by 24.11.2021.
As Mr. B Sarma, learned Standing counsel, Railways has accepted notice on behalf of the respondent Nos. 1 to 5, no formal notice need to be issued to those respondents.
Petitioners shall serve requisite extra copies of this writ petition along with the annexures appended thereto to Mr. B Sarma, learned Standing counsel, Railways by tomorrow, i.e., 09.11.2021, obtaining necessary acknowledgment from him in that regard.
Petitioners shall take steps for service of notice on the respondent No. 6 by registered Page No.# 4/4 post with A/D by tomorrow, i.e., 09.11.2021, providing its proper and correct address with requisite postal stamps.
In addition to the above, the petitioners shall also take steps for service of notice on the respondent No. 6 by dasti/personal service to be routed through the Registry of this Court. Such dasti/personal service on the respondent No. 6 shall be made by serving a copy of this writ petition including the annexures appended thereto and by obtaining its signature with date in presence of one or more witnesses. Thereafter, the petitioners shall file an affidavit towards completion of such dasti/personal service on the said respondent No. 6.
It is made clear that the allotment of the work of GST Return filing and any other services with regards to GST related issues of N.F. Railway for a period of 2 (two) months w.e.f. 17.10.2021 to 16.12.2021 vide order No. TA/GST/Contract/RT/2021-2022 dated 12.10.2021 issued by the respondents Railway in favour of the respondent No. 6 shall be subject to the outcome of this writ petition.
Until further order of the Court, the respondents NF Railway shall not finalize the e- Tender No. TA/GST/Contract/RT/2021-22 dated 08.10.2021 with regard to the work of GST Return filing and other services with regard to GST related issues of NF Railways.
List accordingly.
JUDGE Comparing Assistant