IN THE HON’BLE HIGH COURT OF M.P.JABALPUR LPA NO. 312/2001

Petitioner                  -            SHRI GOPINATHAN PILLAI

                                                    V/s

Respondent             -            M.P.S.E.B.

GIST OF THE CASE:-

            The Board has imposed penalty @ 10% on the total value of work done while granting time extension 11 months 16 days which comes to Rs. 1,89,664/-.  Brief History of the case is as under:-

            Initially WP-3476/2000 was filed which disposed of by Hon’ble High Court on dated 28-6-2000, aggrieved on this, LPA 215/2000 was filed for quashing the order for imposition of penalty, against this the court order was passed on 30-3-2001 for deciding the issue with the department within a period of 6 months.  Accordingly the department appointed in arbitrator to decide the case.  The arbitrator confirm the penalty imposed by the Board as a right measure.  Against the said order WP-5691/2001 was filed by the appellent for relief, the court on dated 8-11-2001 set aside the MP stating the appellant to approach competent court under section 34.  Again a LPA 312/2001 was filed by the appellant in Dec. 2001.

             The high court counselor Shri Vivekanand Awasthi intimated that during hearing on 26-2-2004 appellant offered to accept penalty @ 2.5% on sum of Rs. 8.5 Lakhs.  The Hon’ble High Court has directed to seek instruction as to whether the proposal is acceptable to the Board.  In response C.E.(c) P&D has intimated that competent authority has already approved imposing full penalty in accordance with the contract after considering all facts of the case and review of the decision already taken is not felt necessary.  The same has been conveyed  to the counselor by E.E.(C)O&M-II vide letter No. 4425 dated 23-3-2004 for information to the Hon’ble High Court and the Counselor of the petitioner.