ROYAL TRANSPORT CONTRACTOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Shri Nisarg P. Raval, learned counsel appearing for petitioner, Shri Jal Soli Unwalla, learned Senior Counsel appearing for respondent No. 2 and Ms. Shrunjal Shah, learned AGP appearing for respondent No.

(2.) 2. Respondent No. 2 invited a tender on 28/5/2020 for supply of essential commodities by transporters namely to supply the essential commodities to Fair Price Shops at Panchmahal under doorstep delivery scheme. Petitioner participated in the said bid process and was declared as L-1 bidder, or in other words, the bid offered by petitioner was accepted for Panchmahal District and work order came to be issued on 7/8/2020. Pursuant to same, agreement came to be entered into between petitioner and respondent on the same date. On a surprise check to the godown made by inspecting authorities, resulting in said team finding deficit stock in the godown which was huge quantity and as such a police complaint came to be lodged resulting in FIR No. 11207061210114 being registered for the offence punishable under 406, 420, 409, 120-B of IPC , read with Sec. 3 and 7 of the Essential Commodities Act and Sec. 13(1)(c) of the Prevention of Corruption Act. On investigation being completed, chargesheet came to be filed for the said offences before the Jurisdictional Court and it has been registered as Criminal Case.

(3.) Since petitioner was the Transport Contractor and attributing the stock deficit to the petitioner, show-cause notice came to be issued on 2/3/2021. It would be necessary to note at this juncture itself the content of said show-cause notice which reads : -