AMARJEET SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Mr. Mishra, learned advocate appears on behalf of applicant/appellant, who is aggrieved by impugned order dtd. 26/3/2021, by which the writ petition was dealt with quashing order of his appointment. Mr. Ghosh, learned advocate appears on behalf of State and Mr. Chowdhury, learned advocate for respondent/ writ petitioner. Parties agree that the appeal itself can be dealt with on dispensation of all formalities, including service of notice of appeal.

(2.) Applicant was appointed as Handling and Transportation Contractor in respect of food grains stored at Dabgram General Food Depot (GFD). The appointment was by letter dtd. 26/2/2021 issued by Secretary, West Bengal State Warehousing Corporation. Mr. Mishra refers to notification dtd. 4/4/2014, by which there was amendment to sub- rule (14) in rule 47 of West Bengal Financial Rules, 1979. The amendment provides for emergent situations. He relies on the following in the amended sub rule.

(3.) He submits, impugned order is clearly wrong since rule 177 does not apply. It is rule 47 and more particularly amended sub rule (14) therein that applies to the emergent situation of required compliance to have three months buffer stock of food grains necessitated by the election process.