KASHMIR HANDLOOM INDUSTRIES Vs. STATE

JUDGEMENT

(1.) This petition seeks the indulgence of this Court to quash the supply order made in favour of respondent No. 5 along with orders passed on 30-9-1996 and also a decision of issuing fresh lenders. Besides this, a direction in the form of mandamus also is sought commanding the respondents 1 to 4 to place supply orders with the petitioner in terms of the decision of State Level Rate Contract Finalisation Committee, (hereinafter called the Committee) dated 9-9-1996.

(2.) The petitioner is a registered contractor who in response to an advertisement notice floated on 27-9-1996 submitted his tenders for supply of tarpaulin jute bags. He was one of the tenderers who qualified. After this the State Level Rate Contract Committee met on 9-9-1996 and declared the samples of the petitioner to be of a standard quality. Subsequently, the Committee seems to have met on 23-9-1996 and taken afresh decision of issuing fresh tenders. Supply orders in terms of the subsequent tender notice were placed with respondent No. 5 on 30-9-1996. Aggrieved by this order the petitioner challenges the same on the following grounds :--(i) That the impugned action is beyond jurisdiction as an earlier decision of full committee has been revoked by a committee of four members only;(ii) That the order impugned is mala fide;(iii) That the order impugned is violative of the fundamental / legal rights of the petitioner.

(3.) The other side has filed elaborate returns, wherein the necessity for issuing fresh tenders is spelled out. It is maintained that Director of Agriculture Jammu vide his communication No. Acctts-96-97 / 1261-66 dated 14-9-96 highlighted a discrepancy in respect of the specification as required by NIT. The same discrepancy was based upon the findings of the technical experts. The communication was addressed to Director Horticulture, J. and K. State, Srinagar. Director Horticulture found the report of Director. Agriculture to be convincing and suggested to reconvene the Committee. As a result of this decision a meeting of the Committee was convened on 23-9-1996 and the matter was reviewed, resulting in retendering of the matter. It is a fact that only four out of seven members were present. Nonetheless, the quorum was complete.