LAWS(GJH)-2023-1-1490

VIRANI ENTERPRISE Vs. STATE OF GUJARAT

Decided On January 10, 2023
Virani Enterprise Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Heard Shri Pankaj S. Chaudhary, learned counsel appearing for the petitioner and Shri K. M. Antani, learned Assistant Government Pleader appearing for the respondent Nos. 1 and 2.

(2.) Second respondent invited tenders from the service providers for carrying on the activities at Jan Seva Centers in District Surat by advertisement dtd. 6/3/2021. In all 7 bidders submitted their bid, 5 bidders were qualified in the pre- bid process held on 25/3/2021 and petitioner was declared as L-1. By work order dtd. 23/4/2021, petitioner's firm was issued with the order to carry out the activities at Jan Seva Centers in District Surat for the period from 1/5/2021 to 30/4/2023. One of the employees of the petitioner by name Shri Makwana Vishwa Sureshbhai then working at Udhana Jan Seva Center submitted an application on 8/3/2022 to the second respondent with a grievance that he is not being paid salary in terms of the contract and it was also alleged that petitioner had granted sub agency to one Mr. Ankit Zanzadiya. Hence, an order came to be passed on 14/3/2022 terminating the petitioner's agency and forfeiting the deposit made by the petitioner and blacklisting the petitioner for a period of three years.

(3.) Being aggrieved by the same, petitioner preferred Special Civil Application No. 7355 of 2022 which was disposed of by order dtd. 4/5/2022 by arriving at a conclusion that the said order was in violation of principles of natural justice and directed that impugned order dtd. 14/3/2022 be treated as a show cause notice and called upon the petitioner to submit his reply to the same within 10 days from the date of order and this Court also directed the respondent authority to adjudicate the same by affording a personal hearing to the petitioner.