KAMAL PHOOL Vs. STATE OF PUNJAB (P&H)(DB)

JUDGEMENT

(1.) Through the instant writ petition filed under Articles 226/227 of the Constitution of India, the petitioner has, inter alia, prayed for issuance of a writ in the nature of certiorari for quashing the order dated 16.4.2017 (Annexure P-8) passed by respondent No.3 blacklisting the petitioner for two financial years, i.e. 2017-18 and 2018-19; to quash the tender allotted to respondents No.4 and 5 for execution of the work at Zira and Makhu and to restrain respondents No.1 to 3 from executing the agreements with respondents No.4 and 5.

(2.) In nutshell, the facts necessary for adjudication of the instant writ petition as narrated therein may be noticed. The petitioner is a contractor and deals with various departments of the Government to supply the transport for supply of foodgrains. State of Punjab, as per its policy 2017-18 invited online tenders for supply of foodgrains, labour/cartage at storage points and at PEG Godowns. In response thereto, the petitioner applied for the online tenders for Cluster Ferozepur-12. The tenders were opened on 29.3.2017 and the petitioner being L-1 was accepted by respondents No.1 to 3. Respondent No.3 vide letter dated 31.3.2017 directed the petitioner to execute the agreement and deposit the security. The tender was for L 10 crores. He was granted the contract for Zira and Makhu for one year from 1.4.2017 to 31.3.2018. The petitioner executed the agreement dated 10.4.2017 (Annexure P-1) and deposited the security amount of L 13,20,000/-. However, respondents No.4 and 5 interfered in the process of loading and stopped the petitioner from undertaking the work in question. The matter was brought to the notice of the officials of the PUNGRAIN, but to no effect. Unfortunately, the petitioner met with an accident on 14.4.2017 and had sustained injuries on the legs and knees and was advised complete bed rest by the doctors as is discernible from the medical certificate dated 14.4.2017 (Annexure P-2). A memo dated 14.4.2017 (Annexure P-3) was sent to the petitioner by the Inspector, PUNGRAIN directing him to give his attendance and also to provide transportation for lifting of foodgrains. On receipt of the said memo, the petitioner vide e-mail dated 14.4.2017 (Annexure P-4) informed the Inspector, PUNGRAIN, Ferozepur that he had met with an accident and would appear on the next date. However, respondent No.3 vide memo dated 14.4.2017 (Annexure P-5) directed the petitioner to immediately provide the transportation for lifting the foodgrain and to appear in person to explain the reasons for delay. Further, the Inspector, PUNGRAIN, vide memo dated 15.4.2017 (Annexure P-6) directed the petitioner to provide transportation on 15.4.2017 for lifting of the foodgrains. Thereafter, a show cause notice dated 15.4.2017 (Annexure P-7) was issued to the petitioner for providing transportation and to appear in person on 16.4.2017 before respondent No.3. However, respondent No.3 vide order dated 16.4.2017 forfeited the security amount deposited by the petitioner and blacklisted him for two financial years, i.e., 2017-18 and 2018-19. After cancellation of the contract of the petitioner, the tender had been allotted to respondents No. 4 and 5 by respondent No.3 on 17.4.2017. Reliance has been placed upon the orders (Annexures P-9 and P-10, respectively) passed by this Court. Hence, the present writ petition.

(3.) The writ petition is contested by filing reply by way of affidavit of Shri Balraj Singh, District Controller, Food and Civil Supplies and Consumer Affairs, Ferozepur on behalf of respondents No.1 to 3. It was pleaded therein that the tender of the petitioner was accepted on 29.3.2017 and he was informed vide letter dated 31.3.2017 by respondent No.3 to execute the agreement and to deposit the security within three days as per the instructions of the Transportation Policy 2017-18. Since the petitioner failed to do so within the requisite period, so vide letter dated 6.4.2017, he was asked to execute the agreement and to deposit the security which he did on 10.4.2017. Thereafter, the Inspector, PUNGRAIN and respondent No.3 vide letters dated 14.4.2017 (Annexures P-3 and P-5, respectively) asked the petitioner to provide transport facilities for transportation of gunny bales at Makhu Mandi and to appear in person to explain the reasons for delay. However, neither the petitioner provided transportation nor came present and even he did not submit any reply. Thereafter, a show cause notice dated 15.4.2017 (Annexure P-7) was issued to the petitioner to appear in person and to provide immediately transportation for gunny bales, but all in vain. Accordingly, vide order, Annexure P-8, the petitioner was blacklisted for the two financial years, i.e. 2017-18 and 2018-19 after forfeiture of his security amount under Clause 18 of the Transportation Policy 2017-18. The other averments made in the writ petition were denied and a prayer for dismissal of the same was made.