AMBE CARRIER Vs. STATE OF U P

JUDGEMENT

(1.) The second petitioner is a partner of petitioner no.1, which is a firm. The first petitioner claims to be registered with the Regional Food Controller, Gorakhpur Region and carries on the business of transportation. The petitioners participated in a tender proceeding for carrying out the work of handling and transportation of food-grain for Kaptanganj and Sukrauli centres of District Kushi Nagar and Deoria Sadar centre of District Deoria for 2012-13. An agreement was entered into with the petitioners on 2 February 2013. The contract was extended until 31 March 2014 for the financial year 2013-14. According to the petitioners, the State Government addressed a communication to the Regional Food Controller, Gorakhpur on 14 February 2014 seeking necessary action for extension of the term of the existing contracts of the petitioners and certain other contractors for 2014-15. The petitioners submitted a letter indicating their willingness for extension of their contract for 2014-15. On the basis of recommendations of a Committee constituted by the Regional Food Controller, Gorakhpur, the term of the contract of the petitioners is stated to have been extended on 29 March 2014 for financial year 2014-15 in respect of three centres, noted above.

(2.) The petitioners are aggrieved by an order dated 27 May 2014 passed by the Regional Food Controller, Gorakhpur terminating the contract of the petitioners for Kaptanganj centre on the ground of negligence, breach of contractual provisions and other irregularities in the execution of the agreement and performance of the work. The petitioners, thereafter, submitted a representation to the Regional Food Controller, Gorakhpur (Annexure-16).

(3.) The learned counsel appearing on behalf of the petitioners submits that the termination of the contract must be held to be invalid since no opportunity of hearing was afforded to the petitioners in compliance with the principles of natural justice. In this connection, reliance has been placed on an unreported decision of a Division Bench of this Court dated 27 October 2004 in M/s Shiv Transporters, Deoria Vs State of U P1. Reliance has also been placed on an interim order dated 17 March 2011 passed in M/s Adya Prasad Jaiswal Vs State of U P2, a decision dated 8 November 2012 in Sobran Singh Vs State of U P3 and a decision dated 22 October 2013 in M/s Super Fast Transport Vs State of U P4.