M/S. Hague Construction Company vs. Union Of INDIA
Original PDF →Facts
The petitioner, a company, filed a writ petition challenging a show cause notice dated 12.11.2024 issued by the respondent, the Central Public Works Department (CPWD). The notice sought to initiate disciplinary proceedings against the petitioner due to an incorrect/invalid GST Registration Certificate submitted during the enlistment process. The petitioner had subsequently corrected this document and provided it to the respondent via a letter dated 26.10.2024. The respondent had given the petitioner 15 days to respond to the show cause notice. The petitioner sought a declaration that the notice was arbitrary and illegal, and requested directions to update their GST registration and continue them as a contractor.
Held
The Court held that the writ petition was premature. It acknowledged that the GST Registration Certificate submitted by the petitioner was initially incorrect/invalid but was subsequently corrected. The Court directed that the petitioner be given an opportunity to submit the corrected documents to the respondent within 7 days from 25.11.2024. The respondent was ordered to consider these corrected documents and take appropriate action. Crucially, the Court stipulated that the respondent shall not initiate any disciplinary proceedings against the petitioner before providing them with a sufficient opportunity to present their case along with the corrected documents. Any action taken by the respondent would need to be in accordance with the Rules for Enlistment of contractors in CPWD, 2024. The Court disposed of the writ petition, vacating any interim orders.
Key Issues
1. Whether the show cause notice dated 12.11.2024 issued by the respondent (CPWD) against the petitioner company, seeking to initiate disciplinary proceedings, is arbitrary, illegal, and void, considering the petitioner subsequently rectified the incorrect GST Registration Certificate submitted during enlistment? Petitioner's Argument: The petitioner contended that the show cause notice was arbitrary and illegal because they had rectified the incorrect GST Registration Certificate after its submission. They argued that the respondent should accept the corrected document and not proceed with disciplinary action. Respondent's Argument: The respondent argued that the writ petition was premature as the petitioner had been issued a show cause notice and given an opportunity to respond. They highlighted that the initial GST Registration Certificate submitted was indeed incorrect/invalid.
Sections Cited
Not specified in the judgment
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
The Court made the following: ORDER : PetitionunderArticle226oflheConstitutionoflndiaprayingthatinthe circumstancesstatedintheaffidavitfi|edtherewith,theHighCourtmaybe pleased to issue Writ, order or direction, more $ in the nature of Writ of mandamus in declaring the actionslinaction of the Respondent Declare the impugned Show Cause Notice dated 12'11'2024 issued by the Respondent againstthePetitionerCompanyseekingtoinitiatedisciplinaryproceedingsas arbitrary, illegal and void and A) Direct the Respondent to update the GST Registration Number as provided by the Petitioner Company to Respondent vide letterdated26.10.2024andB).DirecttheRespondenttocontinuethePetitioner Company as contractor under its organization and permit it to participate in the future tender Processes i FRIDAY, THE TWENTY SECOND DAY OF NOVEN,TBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE JUSTICE MOUSHUMI BHATTACHARYA wRlT PETITIOI'I NO: 32828 OF 2024
) I THE HON'BLE JUSTICE MOUSHUMT BIIATTACHARYA WRIT PETITION No.32828 of 2024 Mr. Keda-r Nath rripaty, leamed counser representing Ms. T.s.R.pralitha, learned counsel for the p€titioner. Ms. N.V.R. Rajya l,akshmi, learned counsel representing Mr. Gadi praveen Kumar, leamed Depury Solicitor General of India for the respondent. The writ petition is premature. The petitioner seeks a declaration that a show-cause notice issued by the respondent/central pr:blic works Department (cPwD) be declared as illegal and void on account of the petitioner subsequently rectifying the particular document in question, namely, the GST Registration Certificate.
It is evident from the submissions made by learned counsel appearing for the parties that the GST Registrarion cerrificate submitted by the petitioner to the respondent at the time of enlistment was an /1 incorrect/invalid document which was subsequently corrected. The respondent gave 15 days time to the petitioner to respond to the show cause notice failing which the respondent would take appropriate action against the petitioner. 3. considering the fact that the petitioner's GST Registration certificate was subsequently corrected, the petitioner shall be given an opportunity to bring the corrected documents before the respondent within 7 days from 25.11.2024. The respondent shall consider these documents and take appropriate action on these documents. The respondent shall not initiate ORDER: I i I :i
2 any disciplinary proceedings against the petitioner before the petitioner is given sufficient opportunity to present its case along with the corrected documents before the respondent. It is made clear that any action taken hy the respondents in terms of the Rules for Enlistment of contractors in CPWD, 2O24 shall be in accordance with law.
W.P.No.32828 of 2024 is disposed of. Interim orders, if any, shall stand vacated and all connected applications are disposed of. There shall be no order as to costs. .A.V.S. PRASAD ASSISTAN REG TRAR //// SEC oN OFFICER to', s u o e r i n te n d i ns E n g i n e e r ( flq+). \'L-911?'.?::i:l'Al ^tJlll{:L% ii"i' l " li'u i Htfi i:ir,$fl r,:l:"xyi{f#}sn:} jitrd.ss:=#Rv1:;is":'dH,[r" , 8ffiaTiS'-l/s r'PPAVAJHALA 'AIRAMYA PRANEETHA' Advocate i F;|"fk tsLtaB[tdoutt* KUNTAR' Dv soLrcrroR GEN oF 4. Two CQ Copies PSK. us Vr!- , t
HIGH COURT DATED:2211112024 ORDER WP.No.32828 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS. ttf* (, (n 'a1 S 14 o .\ <l ( lut A 2 B I'l[t1 €
Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.