NILIMA ENTERPRISE Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this writ petition under Article 226 of the Constitution of India, the legality of notice under No.Mktg/22-164 dated 07.09.2011 has been challenged by the petitioners.

(2.) THE petitioner No.1 being the proprietorship firm of the petitioner No.2, deals with contractual matters supply of agricultural inputs like chemical fertilizers, bio-fertilizers, pesticides, micronutrients, seeds, agricultural implements etc. to various Government Departments and Agencies and for that purpose the petitioners have got a licence to sell stock or exhibit for sale or distribution of insecticides as issued by the Director of Agriculture, State of Assam.

(3.) THE respondent No.5, the Asstt. General Manager, Marketing, NERAMAC, placed another order for supplying material/ chemical/implement vide order dated 30.04.2010 and challans were issued by the NERAMAC and the petitioners had supplied those requisitioned articles/chemicals to the various officers. THE petitioners projected a case that when the petitioners was smoothly executing the supply orders with the NERAMAC, a section of the contractors' firms and suppliers started conspiring against them and they could induct in that conspiracy some of the officers of the NERAMAC. However, names of the firms and the officers have not been disclosed by the petitioners. On 25.08.2011, the respondent No.4, the General Manager, NERAMAC, issued a letter stating that an order for supply of agricultural lime in Nagaon district vide order No.Mktg/22 dated 19.02.2010 though was entrusted with the petitioners, but on repeated reminders the said work of supply was not executed and no explanation whatsoever was provided by the petitioners after lapse of a long time. As a result, the indenting department cancelled the order. THE petitioners were similarly accused of non-execution of the supply order dated 11.10.2010 and the said supply order was also cancelled for failure to execute. THE petitioners were further accused that though the supply order dated 30.04.2011 for supply of materials under Women Welfare Scheme of Govt. of Assam was entrusted with the petitioners, several officers from the district headquarters raised complaints regarding quality of the materials so supplied by the petitioners. In the circumstances as stated, the letter dated 25.08.2011 (Annexure-H to the writ petition) the petitioners were asked why they would not be blacklisted for a period of 3(three) years for their conduct as listed in the said letter dated 25.08.2011. THE petitioners were asked to avail the opportunity to explain their reason in writing, failing which it would be presumed by the NERAMAC that they had nothing to explain and the action as proposed would be taken without any further reference. THE petitioners by a letter dated 29.08.2011 stated inter alia that the order dated 19.02.2010 for supply of agricultural lime in Nagaon district was concerned, the petitioners had informed the NERAMAC verbally several times that they would not execute the said order since they received the order after a few months from the date of the order and the NERAMAC had, on such information, cancelled the order. As such the petitioners could not be questioned in regard to that order. THE petitioners further stated that the order dated 11.10.2010 for supply agricultural inputs to Coconut Development Board was not accepted by the petitioners as there was disagreement in regard to the rate. Consequence thereof the NERAMAC cancelled the order. So far the order dated 30.04.2011 for supply of materials under Women Welfare Scheme of Govt. of Assam was concerned, the materials were duly supplied as per specification to the district headquarters after obtaining the receipted challans from all the 14(fourteen) district headquarters. THE certification in the challans contended that the authorized officers had received the materials in good condition. THE petitioners had urged the NERAMAC to make a due enquiry if the NERAMAC was in quandary regarding the materials so supplied by the petitioners was of inferior quality. THEreafter, the respondent No.4 issued the notice under No.Mktg/22-164 dated 07.09.2011 as impugned in the writ petition in the form of a notice with the declaration as reproduced hereunder: "It is for the general information of all concerned that the name of M/S Nilima Enterprise, Sandhyachal Nagar, Lalmati, Basistha Chariali, Guwahati-791029 is put on the blacklist with immediate effect for their erratic attitude, irresponsible behaviour and failure to meet the commitment."