NRUSINGHA CHARAN SAHANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this writ application under Article 226 of the Constitution, the petitioner has challenged, inter alia, the order dated 2.8.2012 passed by the Collector and District Magistrate, Jagatsinghpur vide Annexure-6 blacklisting him and forfeiting 50% of his security deposit.

(2.) Adumbrated in brief, the case of the petitioner is that the Collector, Jagatsinghpur, opposite party no.1 had appointed the petitioner as a contractor for handling and transporting the food grains from Rice Receiving Centre-Cum-Departmental Storage Centre (in short 'RRC-Cum-DSC'), Krushnachandrapur, Kujanga to the retail centre, Kujanga Block on 3.3.2012 vide Annexure-1. Thereafter, an agreement was entered into. While the matter stood thus, a show cause was issued to him by the District Manager, Orissa State Civil Supplies Corporation Ltd., Jagatsinghpur, opposite party no.2 to blacklist him and forfeit the security money for not submitting the acceptance note of the gate pass to the concerned RRC-Cum-DSC in-charge against lifting of 71 quintals of APL wheat (in 143 bags). He submitted the show cause vide Annexure-3. Without considering the matter in its proper perspective, the opposite party no.1 by order dated 2.8.2012 vide Annexure-6 blacklisted him for a period of two years for violating the terms and conditions of the contract as per the clause 13(ii) and (iii) and 18 (xxiii) of the H and T Contractor agreement and forfeited 50% of security deposit amounting to Rs. 2,50,000.00. By the said order, the second lowest bidder of the tender for H and T Contractor (Level-II) of Kujanga Block was allowed to function as H and T Contractor.

(3.) Pursuant to issuance of notice, a detailed counter affidavit has been filed by opposite party no.1. Case of the opposite party no.1 is that the petitioner had been appointed as a handling and transporting contractor Level-II under Kujanga Block through tender process to deal with PDS commodities. He executed an agreement, which was valid upto 31.03.2013. As per the Orissa State Civil Supplies Corporation Ltd. Head Office rules and guidelines, his primary duty was to transport food grains from RRC-Cum-DSC, Krushnachandrapur of Kujanga Block to different retail points of the said Block. On 20.7.2012, the Marketing Inspector, Kujanga Block had lodged an F.I.R. regarding misappropriation of 71 quintals APL wheat by the petitioner. On the same day, the Procurement Inspector, in-charge of RRC-Cum-DSC, Krushnachandrapur had also submitted a report regarding non-submission of acceptance note by the petitioner. It is further stated that the petitioner had been handed over a stock of 71 quintals of APL wheat from RRC-Cum-DSC, Krushnachandrapur, Kujanga on 18.7.2012 in three phases vide gate pass nos.5170, 5171 and 5176 in between 10.30 A.M. to 12.45 P.M. through the vehicle bearing registration nos.OR-05W-7353, OR- 05AV-0953 and OR-05AK-9053 respectively to delivery the same to Shri Bholanath Mallick, PDS retailer of Bariha under Gopiakuda G.P. of Kujanga Block. But then he had not submitted the acceptance note against the above mentioned three gate passes duly acknowledged by Sri Mallick to the in-charge of RRC-Cum-DSC till the time of verification by the District Enforcement Squad headed by the CSO, Jagatsinghpur, who visited the said RRC-Cum-DSC on 18.7.2012 at about 4.00 P.M. During the checking of the retail centre of Sri Mallick, it was found that his retail center was closed. Thereafter the squad proceeded to Gopiakuda G.P. godown, where they found that the wheat was stored in the G.P. godown. On being asked, the G.P. Secretary had stated before the Executive Magistrate that the G.P. had neither obtained any PDS retail license to deal with essential commodities from the competent authority, nor he had directed any H and T Contractor to unload the stock in the G.P. godown. Therefore, the wheat available in the G.P. godown had been seized by the squad in presence of the Executive Magistrate on 19.7.2012. It is further stated that the petitioner had been issued with a show cause notice vide office letter dated 20.7.2012. In reply, he had denied the charges. He stated that he had unloaded the APL wheat at the G.P. godown as per the telephonic direction of the retailer and the acceptance note was signed by the nephew of Sri Mallick, retailer on 19.7.2012. Further case of opposite party no.1 is that basing on the F.I.R. submitted by the Marketing Inspector, Kujanga and taking into account the rules and guidelines issued by the Corporation and the terms and conditions of the agreement order under Annexure-6 was passed.