RABINARAYAN ROUTRAY Vs. STATE OF ORISSA

JUDGEMENT

(1.) DATE of Judgment:15.03.2012B.N. Mahapatra, J. The petitioner in W.P.(C) No.29982 of 2011 is the proprietor of M/s. Mars Developers & Suppliers, who is the petitioner in W.P.(C) No.27186 of 2011. These two writ petitions have been filed with a prayer for quashing the letter dated 04.11.2011 (Annexure -1) issued by the Dean and Principal -cum -Superintendent, S.C.B. Medical College and Hospital, Cuttack by which the said authority has directed M/s. Mars Developers and Suppliers (petitioner in W.P.(C) No.27186 of 2011) for discontinuance of the work of supplying the diet materials w.e.f., 20.11.2011 evening since its term has expired as per decision of the Diet Purchase Sub -Committee. The petitioner has been further directed to hand over all the utensils and articles of the kitchen to S. Moharathi, Dietician of the Hospital in question. The petitioner also challenges the selection of M/s. Maa Ramachandi Supplier for supplying diet articles to SCB Medical College. Further prayer of the petitioner is for issuance of a direction to opposite party No.3 -Superintendent of SCB Medical College & Hospital, Cuttack to go for re -tender to supply diet articles to the indoor patient of the hospital in question.

(2.) PETITIONER s case in a nutshell is that he is the proprietor of M/ s. Mars Developers and Suppliers (petitioner in W.P.(C) No.27186 of 2011) and has been supplying diet to the indoor patients of SCB Medical College and Hospital, Cuttack since 15.08.2009. Opposite party No.3 invited tender from the eligible registered diet preparation and catering firms to prepare and distribute therapeutic and non -therapeutic diet to the indoor patients. Pursuant to the said tender, different bidders participated in the bid and submitted their tender papers. Opposite party No.4 is now selected by the Diet Purchase Sub -Committee for supply of diet articles to the indoor patients.

(3.) DR . G. Tripathy, learned Senior Advocate appearing on behalf of the petitioner submitted that the selection of opposite partyNo.4 for supply of diet articles to the indoor patients of SCB Medical College and Hospital, Cuttack by the Diet Purchase Sub -Committee is illegal, improper and in violation of the terms and conditions of the tender eligibility criteria. Condition at Serial No.2 (C) is that the tenderers should not have any criminal background and he shall have to produce an up -to -date certificate from the Superintendent of Police. But surprisingly opposite party no. 4 has got the tender for supply of cooked food and dry food to the hospital in question, though he has criminal background. It is further submitted that opposite party No.4 is involved in G.R. Case No.1220/2010 under Sections 341, 325, 326, 327, 307/34, I.P.C. read with Section 27 of the Arms Act and the same is pending before the learned S.D.J.M., Berhampur. Thus, the work has been awarded to him in contravention of condition No.2(C). Usually, an amount of Rs.50,000/ - is required to be deposited towards Earnest Money Deposit (EMD), but no such term is there in the terms and conditions stipulated in the tender of SCB Medical College and Hospital. In the previous year, i.e., 2010 at Sl.No.6 of the terms and conditions for supply of diet articles to the indoor patients of SCB Medical College and Hospital, there was categorical requirement of payment of EMD of Rs.10,000/ -. As per Serial No.4 of the terms and conditions, if any bidder is blacklisted he shall be disqualified from participating in the tender process. Further, opposite party No.4 who has been selected is doing service as an NMR since 1992 in the establishment of Commissioner of Municipal Corporation, Berhampur and his name finds place at Serial No.52. Therefore, he is disqualified from participating in the tender process. Opposite party no.4 has also submitted another tender in the name of another person i.e. Bishnu Charan Nayak, who is running M/s. Utkal Suppliers in the name of his wife, who is a BPL Card Holder. Concluding argument, Dr. Tripathy prays for quashing of Annexure -1 on the ground that the selection of opposite party No.4 for supply of diet articles to the indoor patients of SCB Medical College and Hospital is illegal and arbitrary.