STATE OF GUJARAT Vs. BHARATKUMAR DHIRAJLAL VASAVADA

JUDGEMENT

(1.) THE respondent Municipal Councilor was held personally liable to reimburse the municipal funds on the ground that he had misapplied the said funds within the meaning of Section 70 of the Gujarat Municipalities Act (for short the Act).

(2.) THE Municipality had invited tenders for spiral work and one Devabhai offering lowest price was at Sr. No.1, who was also approved by the Collector for grant of tender. He, however, expressed his inability to perform the work. The person at Sr. No.2 had withdrawn the earnest money and the person at Sr. No.3 refused to accept the offer. Ultimately, the tender of person at item No.4 was approved. The difference between the first tenderer and that of fourth was Rs.5,12,112/and that was alleged to be a loss caused by the respondent to the municipality and was sought to be recovered under Section 70 of the Act.

(3.) HAVING heard the learned Counsel for the parties and perused the papers and also order impugned, it appears that the appellate authority under Section 70 (2) of the Act, has rightly come to the conclusion that the circumstances for grant of tender to the person at Sr.No.4 were justified in view of the above factual background.