SAVIZO CHADI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) HEARD Mr. R. Iralu, learned counsel for the petitioners. Also heard Mr. N. M. Jamir, learned Govt. Advocate for the State-respondents and Mr. A. Zho, learned counsel appearing for private respondent Nos. 4 and 5.

(2.) PURSUANT to the Notice Inviting Tender (NIT) No. PSTY-1/2002 dated 22. 02. 2008 for the supply of Stationery and Misc. items published by the Home Department, Printing and Stationery Branch, Govt. of Nagaland, for the year 2008-09, the petitioners submitted applications in the name and style of M/s Savizo Chadi and Co. , M/s Naga Paper Agency and M/s Kohima Enterprises, quoting there respective rates for each item and samples in terms of the said tender notice. The petitioners' tenders alongwith 5 others were approved. Thereafter, vide a Memorandum No. PSTY-1/2002 dated 17. 07. 2008, the Govt. conveyed the approved rates for the purchase/ supply of the items to various Govt. Departments/offices in Nagaland for the year 2008-09 with immediate effect. However, then the process of the tender and its acceptance was in progress, the respondent No. 2 hastily issued supply order to respondent No. 4, vide order No. HOME/naz-2/sty/2005 dated 02. 07. 2008 for the supply of 34 stationery items to the tune of about Rs. 7 Lakhs and the same identical items were awarded to respondent No. 5 by order No. HOME/naz-2/sty/2006, to the tune of about Rs. 7 Lakhs, with the stipulation to supply the items within 15 days from the date of issue of the order with a further direction to intimate the Chairman, Delivery Committee, one day in advance by the supplier concerned.

(3.) AN affidavit-in-opposition has been filed by the State-respondents stating inter-alia that the supply for Stationary and Misc. items were allotted to the private respondents as a measure of stop-gap arrangement by the Nazaret Branch before finalization of the tender in question as the entire Secretariat, the seat of the State Government, was running short of the Stationery and Misc. items and heavy pressure was coming from different Branches/cells. Faced with such a situation, the respondent authorities issued the supply order dated 02. 07. 2008 to the private respondents for supply of the materials within a period of 15 days. Mr. Jamir, learned Govt. Advocate, submits that the private respondents have already supplied the Stationery and Misc. items as per the supply order and the materials so supplied have already been distributed amongst the various Branches/cells in the State Secretariat. However, the bills against such supply of materials are yet to be paid to the private respondents due to the interim order dated 08. 08. 2008 passed by this Court to the effect that no payment be made in respect of the articles supplied by the respondent Nos. 4 and 5, which was further extended vide orders dated 12. 08. 2008, 20. 08. 2008 and 22. 08. 2008.