HEMKUND TRANSPORT SERVICE Vs. UNION OF INDIA

JUDGEMENT

(1.) Background facts

(2.) FOOD Corporation of India, Regional Office, Jammu, issued an Emergent Notice under No. Stg.32(3)/JK/Tender/05 -06/1793 dated 29.07.2006 inviting on the spot offers from financially sound parties having sound business competence and fulfilling eligibility requirements as per Model Tender Form (MTF) clauses for appointment of Road Transport Contractor on day -to -day basis, to be opened on 01.08.2006 at 12.00 noon.

(3.) THE FCI says in its reply affidavit that a SoS situation had arisen when the J&K State Road Transport Corporation failed to supply the required number of trucks for execution of the transport contract for carrying food grains to the valley and other far flung areas of the State of J&K. The situation, according to the Corporation, had reached a level where it had become absolutely impossible to meet the supply of required food grains to the public. Series of meeting were held at the level of Chief Minister, Minister of Consumer Affairs and Public Distribution, and Minister for Transport. Inputs received by the intelligence bureau too confirmed the shortage of food grains in major areas of the State. The deliberations ultimately resulted in providing yet another weeks time to J&K State Road Transport Corporation to improve the truck supply position to the FCI so that scarcity of food grains was avoided. Providing of this opportunity to the J&K State Road Transport Corporation, the Transport Contractor did not yield any tangible results meeting the required supply of trucks, And the situation further deteriorated. The J&K State Road Transport Corporation ultimately decided to withdraw from the contract. It was because of the emergent situation in the State regarding non -supply of food grains that the emergent notice came to be issued by the FCI.