NASEEM AHMED Vs. STATE OF CHHATTISGARH, CHHATTISGARH STATE CIVIL, GENERAL MANAGER (TRANSPORT) AND DISTRICT MANAGER

JUDGEMENT

(1.) THE petitioner by the instant petition has prayed for following reliefs:

(2.) BRIEFLY stated, case of the petitioner is that he is engaged in the transportation business. The petitioner entered into an agreement with the respondent-C.G. State Civil Supplies Corporation (for short 'Corporation') in the year 2007 for transportation of food articles from Base Depot Mahasamund to different parts of the State of Chhattisgarh within a radius of 500 kms. The Corporation additionally engaged one more transporter namely Chandresh Thakkar for the long route transportation work in the same lead in which the petitioner was transporting under the agreement. Between December and January said Chandresh Thakkar misappropriated about 10 trucks of rice consequently criminal proceedings were initiated against him and other officials of the corporation. In order to save the officials of the corporation from criminal prosecution, the allegations have now been made against the petitioner that he sub-let the contract work to said Chandresh Thakkar and therefore, responsible for the loss suffered by the corporation. By the impugned order agreements between the petitioner and the corporation including the agreements of the year 2008-09 have been unilaterally cancelled, earnest money/security deposits have been forfeited and the petitioner has been blacklisted for a period of ten years though the petitioner is in no way responsible for engaging said Chandresh Thakkar in transportation work and he was engaged by the Corporation and an independent agreement was entered into between the corporation and the said Chandresh Thakkar.

(3.) INDISPUTABLY, the respondent-Corporation entered into an agreement (Annexure P-3) with the petitioner for long distance transportation from Base Depot Mahasamund to various destinations of the State for the year 2007-08. The contract was governed by the terms and conditions of the NIT of Annexure P-2. One Chandresh Thakkar expressed his willingness to undertake long distance transportation work from Mahasamund base depot vide his application dated 05.12.2007 (Annexure P-4), addressed to the Managing Director of the corporation. His application was forwarded by the Sub Accounts Officer (Procurement) vide Annexure P-5 dated 6.12.2007 to the Manager, Procurement, who forwarded it on the same day to the Managing Director with an office note that proposal is submitted keeping in view the direction issued by the Secretary, Food in the meeting dated 5.12.2007 held for review of PDS to complete the stock transportation within the time frame. The proposal was accepted by the Managing Director on the same day. The Manager (Procurement) forwarded the application received from the Head Office vide his memo dated 6.12.2007 (Annexure P-6) to the District Manager, Mahasamund with a direction to make alternative transport arrangement and the District Manager issued work order for transportation of rice in favour of the said Chandresh Thakkar on 6.12.2007 (Annexure P-7). Thereafter, the respondent-Corporation vide Annexure P-8 entered into an agreement with the said Chandresh Thakkar on 6.12.2007 for long distance transportation work from Mahasamund base depot. The said agreement was valid for a period from 7.12.2007 to 31.3.2008.