SATHEESH CHANDRAN.S Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed as a Public Interest Litigation by the petitioner contending that an illegal and irregular tender is invited by the Kerala State Civil Supplies Corporation as per Ext.P9 by blatantly violating Ext.P7 circular issued by the Food Corporation of India.

(2.) The commodity sought to be tendered is damaged rice and paddy during the flood, 2019. According to the petitioner, in Ext.P7 circular, it has been specifically stated that the disposal of damaged food held by the State/Union Territory Government and its agencies in central pool may be undertaken in future as per the guidelines. It is clearly stated in clause 5 of the guidelines that the State Government and its agencies shall dispose of damaged food grains through tender/auction to the bona fide manufacturer/consumer of feed, including the State Government and its agencies having similar facilities. The specific contention of the petitioner is that the said clause is included in the guidelines to avoid individuals/firms/companies which are dealing with the sale of food grains. However, as per Ext.P9 e-tender, tenders are invited from individuals/firms/companies. Moreover, in Ext.P7 guidelines, there is categorization of feed and specification to fix the reserve rate and the same has not been followed in Ext.P9 e- tender. Therefore, the contention put forth by the petitioner is that there is likelihood of large scale corruption in the matter of invitation of tender and awarding contract, and accordingly he seeks interference of this Court.

(3.) The second respondent ie., the Managing Director of the Corporation, has filed a counter affidavit refuting the allegations, claims and demands raised by the petitioner. Among other contentions, it is stated that due to the incessant rain received by the State during August, 2019, 7 contracted mills of Supplyco and major portion of the paddy and Custom Milled Rice (CMR) under the Decentralised Paddy Procurement Processing and Marketing Scheme (DCP) were affected. So, in order to dispose of the damaged stock, the Managing Director addressed the General Manager, Food Corporation of India, Regional Office, Thiruvananthapuram as per Ext.R2(a) letter dated 14.08.2019 requesting to take necessary action, in view of the guidelines issued by the Government of India. To the said letter, Ext.R2(b) reply dated 22.08.2019 was issued by the General Manager stating that the stock procured by the Government of Kerala and affected due to the flood are DCP stock and therefore, the Food Corporation of India shall not take any action in this regard, in view of the Government of India Guidelines dated 08.07.2014. As per Ext.R2(b) letter, the State Government has given freedom to take further action at its own level to dispose of the affected stock. It is also pointed out that when the DCP stock was affected due to the flood during August, 2018, a communication on similar lines as per Ext.R2(a) was sent to the General Manager, Regional Office, FCI, Trivandrum and Ext.R2(c) reply dated 01.09.2018 was issued stating that the flood affected stock being DCP stock, FCI shall not associate in verification, categorization and disposal of the stock, in view of the Government of India guidelines dated 08.07.2014 and the State Government was given liberty therein to take further appropriate action at its own level. Therefore, it is submitted that in the light of the letter dated 01.09.2018, the Kerala State Civil Supplies Corporation could have taken measures for disposing the stocks affected in flood, 2019 without informing the FCI. However, Ext.R2(a) letter dated 14.08.2019 was issued by way of abundant caution and to get a clear picture in the matter and for the purpose of avoiding room for any complaint. It is also pointed out that it was after receipt of Ext.R2(b) letter dated 22.08.2019, as per Government Order dated 25.09.2019, a Verification Committee was constituted to assess the quantity of damaged paddy and rice which were procured under the DCP scheme. The State Government, as per letter dated 26.09.2019, also constituted a Technical Committee at District Level to analyse sample at District Laboratory for categorization of the damaged paddy and rice procured under the DCP scheme.