DEEP OFFSET Vs. STATE OF GUJARAT THRO. SECRETARY

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India for quashing and setting aside a communication dtd. 7/2/2013 by the respondent no.2 (Annexure-A). By the impugned communication, the recovery was ordered from the petitioner for an amount to the tune of Rs.5,23,868.00 and the same was ordered to be recovered from the security deposit and earnest money which was lying with the department towards the subsequent contract entered into by the petitioner with the respondent.

(2.) Learned advocate for the petitioner submitted that the petitioner after succeeding in the tender process, work order was issued to the petitioner and an agreement was also entered between the petitioner and the respondents. The petitioner had successfully supplied the stationary items as specified and towards such supply, the entire amount was paid by the respondent without there being any grievance. The security deposit was also duly returned, and therefore, the petitioner had completed the contract to the satisfaction of the respondent authorities.

(3.) It is submitted that, however, a third party, who was a competitor in the same business, had made an application belatedly after period of 11 months of conclusion of contract raising grievance about the quality of material supplied and based on such frivolous application, the respondent authority, unilaterally and without there being any provision, appointed a fact finding person, who after making preliminary inquiry, gave a report that there was some discrepancy in quality of the material supplied.