KUNAL TYAGI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ application has been filed for quashing the order no. 09/2012 dated 24.03.2012 (Annexure-6) passed by Deputy Commissioner, Godda, whereby and where under he black-listed petitioner's firm and directed that no purchase should be made from the petitioner's firm and no work would be taken from him for one year from the date of order. Petitioner further prays for issuance of direction commanding the respondents to pay balance of bills, relating to supply of goods and food, which were paid after deducting 30% and 15% respectively.

(2.) It is stated that respondents invited tender for supply of various goods during the Three Stage Panchayat Election, 2010. It is further stated that petitioner participated in the said Tender. The Tender Committee, on being satisfied with the sample of goods shown by the petitioner, issued work order in his favour, subject to the conditions, mentioned is the work order. It is stated that petitioner in compliance of the said work order, supplied all the goods of approved quality. It is further stated that respondents utilised the said articles in the Election without any protest. It is stated that later on, petitioner came to know that respondents are going to deduct 30% amount from the bill submitted by the petitioner on the ground that petitioner supplied goods of sub-standard quality. Accordingly, petitioner filed a representation against the proposed action.

(3.) It is further stated that on 16.7.2011, the District Panchayat Raj Officer, Godda issued notice ( Annexure-4) asking the petitioner to show cause as to why he should not be black-listed and 30% amount be not deducted from the bill submitted by him, as he had supplied substandard goods. It is stated that petitioner gave his reply vide Annexure-5.