TRUMBOO TRADING CO Vs. UOI

JUDGEMENT

(1.) Respondents issued tender notice dated 5.3.2010, whereby bids were invited from eligible transport contractors for transportation of food grains from Food Corporation Godowns at Jammu to Srinagar and Kupwara. Petitioner in response to the said tender notice submitted the tenders, its bids were accepted and accordingly contract was allotted to the petitioner for transportation of food grains from Jammu to Srinagar and Kupwara for a period of two years vide Communication No. S&C/l (3)/RTC/Trumboo Trading Co./Jmu-Sgr/Apptt/ 2010-11 dated 26.03.2010.

(2.) On 6.01.2011 respondent No. 6 invited tenders for allotment of contract for transportation of food grains from Jammu to Lethpora, was allotted to the petitioner vide communication No. S&C/1(3)/RTC/Trumboo Trading Co./Jmu-Lethpora/Apptt/2010-11 dated 4.02.2011 for a period of two years. It is Contended that the petitioner was executing the contracts in terms of the conditions contained therein to the satisfaction of respondents 2 to 6. It is further contended that petitioner earned displeasure of respondent No. 3 because of the fact that the petitioner reported about planting of four trucks clandestinely in the fleet of trucks provided by the petitioner to respondent-Food Corporation of India at Jammu for transportation of food grains and sugar from Jammu to Srinagar. Thereafter respondents issued Order No. S&C-6/RTC/T.T.C0. /Jmu-Fethpora/10-11 dated 16.6.201 1 including final notices bearing No. S&C-(6)/RTC/TTC/Jammu to Lethpora/2010-11 dated 5.8.2011. No. S&C-(3)/RTC/TTC/Jammu to Srinagar/2010-11 dated 8.8.2011 and No. S&C-(3)/RTC/TTC/Jammu to Kupwara/2010-11 dated 8.8.2011. All the said notices are impugned in this petition and petitioner has questioned the same on the ground of dehorse of rules, without authority, power, and violative of mandate of fundamental rights as guaranteed by the Constitution. Accordingly, it is prayed that all the said notices be declared ultravires illegal and unconstitutional and respondents be restrained from taking any further action on the basis of said notices.

(3.) Respondents 2 to 6 have filed reply and resisted the petition on the ground that the parties are governed by the terms and conditions of the contract and question of violation of Article 14 or any other provision does not arise at all.