SANJAY SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner appellant was a bidder for a contract of doorstep delivery of foodgrains for Baghmara godown. The appellant's case was considered by the competent committee and it was found that the appellant was already holding similar license of P.D.S and therefore, he was not eligible candidate. The appellant's candidature was, therefore, rejected. The remaining person was only respondent no.6 and he was awarded the contract. The petitioner appellant challenged the award of the contract to respondent no.6 by filing writ petition being W.P (C) 7055/2012, which has been dismissed by the learned Single Judge after considering the contention of the petitioner appellant that there was criminal case registered against respondent no.6 under section 341, 323, 504, 379 and 34 I.P.C and learned Single Judge was of the view that the said criminal case did not relate to defalcation or misappropriation of Government foodgrains but were in reletion to other offences and in spite of that, respondent no.6 was eligible candidate. However, the petitioner, who was holding a valid license of P.D.S, against which though he had applied for surrender of the license but that surrender was not accepted, was, therefore, disqualified.

(3.) LEARNED counsel for the respondent no.6 vehemently submitted that the petitioner was disqualified because of holding a valid license of P.D.S and the same cannot be disputed. It is also submitted that the work in question was of urgent nature and the respondent no.6, who was an eligible candidate and submitted his competitive bid, was, therefore, rightly given the contract in question.