Corp Cannot Withhold Bank Guarantee: Telangana HC
Telangana HC junks aspirant PC writ petition
Hyderabad: Justice T. Madhavi Devi of the Telangana High Court held that the Telangana State Civil Supplies Corporation Limited has no authority to retain or forfeit an Earnest Money Deposit (EMD) after the expiry of the bid validity period and directed the corporation to refund Rs 15,00,000 to a businessman from Warangal. The judge was dealing with a writ plea filed by Vasam Vishnu. The petitioner challenged the proceedings issued in May 2023 by the corporation, whereby it forfeited the EMD paid by him in connection with an e-tender issued in December 2021 for stage-I transportation contracts across all 33 districts in Telangana. The petitioner contended that he had participated in the tender process for Hanamakonda district and was declared the lowest bidder (L1). However, despite being L1, he was not appointed as the transportation contractor. He further contended that while the bid validity was to expire in April 2022, it was unilaterally extended by the corporation until July 2022 without the petitioner’s consent, which was contrary to established procedure. Counsel for petitioner Bobbilli Srinivas argued that once the bid validity expired, there was no justification for the corporation to retain the EMD, and such retention was arbitrary, lacking jurisdiction, and in violation of the Constitution. The judge held that the corporation had no authority to forfeit or retain the EMD beyond the bid validity period, especially in the absence of any contractual breach on the part of the petitioner. The judge accordingly quashed the impugned proceedings and directed the corporation to refund the EMD with interest as applicable to fixed deposits.
HC junks aspirant PC writ petition
Justice Nagesh Bheemapaka of the Telangana High Court dismissed a writ plea filed by a candidate provisionally selected for the post of Stipendiary Cadet Trainee Police Constable (AR) in the Hyderabad unit, challenging his subsequent disqualification on the grounds of educational ineligibility. The judge was dealing with a writ plea filed by Ch. Naresh, who completed SSC and a two-year Industrial Training Institute (ITI) course in Draughtsman (Civil), which he claimed was equivalent to 10+2. He argued that he cleared all recruitment stages, including certificate verification and a medical test, and was provisionally listed in the selection list for SCT PC (AR). However, he later received a call from the recruitment office stating that his verification form was not uploaded due to non-fulfilment of the educational criteria. In their counter, the respondents clarified that an ITI certification was not equivalent to intermediate (10+2) unless accompanied by a National Institute of Open Schooling (NIOS) certificate, in accordance with a Memorandum of Understanding signed between the Directorate General of Training (DGT) and NIOS in 2016. The judge upheld the stand of the Telangana State Level Police Recruitment Board (TSLPRB), stating that the petitioner, despite clearing all stages of the recruitment process, did not possess the requisite intermediate qualification as mandated under the notification dated May 31, 2018. It was further noted that an error during preliminary verification led to the petitioner’s provisional inclusion, but his candidature was later withdrawn upon discovery of the discrepancy. The judge relied on the express condition in the recruitment notification stating that all candidatures remained provisional and subject to verification of qualifications at any stage.
HC orders NBW in cheque bounce case
Justice Juvvadi Sridevi of the Telangana High Court ordered Non-Bailable Warrants (NBWs) against a businessman convicted for issuing dishonoured cheques worth over Rs 1.44 crore, after dismissing his criminal revision petitions challenging the conviction and sentence. The judge upheld the concurrent findings of the trial and appellate courts, which found the accused guilty under Section 138 of the Negotiable Instruments Act. The judge was dealing with a criminal revision petition filed by Y. Shanmukha Prasad, who issued two cheques in 2016, one for Rs 1.01 crore and another for Rs 42.8 lakh, drawn from the account of “Adda Bar and Restaurant,” a proprietary concern of the accused. Both cheques were returned with the remark “Account Closed,” prompting legal action by the complainant, who extended loans totalling Rs 1 crore in 2013. The accused argued that the amounts were investments in a private company and claimed misuse of cheques. However, the judge rejected these claims, noting the failure to rebut the statutory presumption under Section 139 of the N.I. Act and the absence of any denial regarding his signatures on the cheques. Noting the deliberate act of issuing cheques from a closed account, the judge held the accused liable and affirmed the sentences of one year and six months’ simple imprisonment, along with fines equal to the cheque amounts. With the dismissal of the revision petitions, the judge directed immediate issuance of NBWs to secure the convict’s custody.
HC orders mimimum wages to Vemulawada
Justice Pulla Karthik of the Telangana High Court mandated the executive officer of Sri Raja Rajeshwara Swamy Devasthanam, Vemulawada, to ensure payment of minimum wages to the Archaka of the Vemulwada Temple. By an earlier order made in July 2024, the court declared the eligibility of the Archaka. Despite the order when it was not implemented the beneficiary Budemgari Raju filed the present contempt case. He pointed out the authorities continued paying him on a consolidated basis, ignoring the order. The July 2024 directive had specifically instructed the respondents to ensure parity with similarly placed Archakas. Granting four weeks for compliance, the court cautioned that failure to do so would require the personal appearance of both the commissioner of endowments and the executive officer of the temple.