DHANARAM JESWANI Vs. STATE OF M P

JUDGEMENT

(1.) In this petition, petitioner has prayed for the relief to quash order (P/1) dated 4-6-03 and for issuance of a direction to the respondent-Water Resources Department to make the purchase as provided under'Rule 14 of M.P. Store Purchase Rules.

(2.) It is averred in the petition that petitioner has a unit registered as small scale industry PVC, HDPE and LDPE pipes, polythene bags, low density polythene film. Respondent No. 6 Chief Engineer, Upper Narmada Zone, Bargi Hills, Jabalpur, published a notice inviting tender (P/1) for excavation and construction of Bargi Right Bank canal along with its distribution system from R.D. 63 Km. to 72 Km. including earth work, C.C. lining, construction of structures. Said advertisement has been issued in contravention to the provisions contained in Rule 14 of the M.P. Store Purchase Rules. Rule 14 prescribes the procedure for purchases of the goods mentioned in the schedule. Item 18 Annexure B includes plastic goods, furniture, cane, polythene bags, lay flat tubing, buckets, tumblers, Jars, etc. For any type of work, the purchase has to be made through small scale industries, as provided under (Rule. 14. General Manager, M.P. Laghu Udyog Nigam Ltd., wrote a letter (P/2) on 14-11-02 to stop the practice of purchasing LDPE film directly through the contractors by issuing tenders for providing and fixing of aforesaid material to contractors doing the construction work.

(3.) On 7-1-03, General Manager again wrote a letter (P/3) to the same effect. Still the letter remained uncomplied with. On 4-6-03, respondent No. 3 issued a direction to call for tender both for material for construction and labour. Material for construction was to be purchased separately. Thus, the action of the respondents is arbitrary and therefore same deserves to be quashed.