SAI TRADERS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing the Office Order as contained in memo no. 2274 dtd. 4/11/2020 (Annexure-11 to the writ petition) issued under the signature of the respondent no. 2 - the Inspector General of Prison, Government of Jharkhand, Department of Home, Prison and Disaster Management, Ranchi, whereby the petitioner has been blacklisted for five years. Further prayer has been made for quashing letter no. 964 dtd. 5/11/2020 (Annexure-11/1 to the writ petition) issued by the respondent no. 4 - the Superintendent of Jail, Divisional Jail, Lohardaga, whereby in pursuance of the said office order, the petitioner has been debarred from supplying any food material in the Divisional Jail, Lohardaga with immediate effect against the work allotted to it for the fourth quarterly period of contract i.e., 1/10/2020 to 31/12/2020.

(2.) Learned counsel for the petitioner submits that the petitioner had participated in the tender floated by the respondent no. 4 and being the L-1 bidder, it was allotted the work of supplying food materials at Lohardaga Jail as an annual contract for a period from 1/4/2019 to 31/3/2020. The petitioner duly supplied the food materials in terms with the contract without any complaint from the respondent authorities. When the entire country was facing lockdown owing to COVID-19 pandemic, the petitioner received informal direction from the respondent no. 4 in the month of April 2020 for supplying food materials in Lohardaga Jail, which was replied by the petitioner vide letters dtd. 25/4/2020 and 28/4/2020 showing its inability to supply some of the food items such as mutton, fruits etc. since the concerned area was under lockdown. The petitioner also stated in the said letter that its previous annual contract for the period from 1/4/2019 to 31/3/2020 as well as quarterly contract for the period from 1/1/2020 to 31/3/2020, had already expired and were neither extended nor allotted afresh through any tender process. Thereafter, the respondent no. 4 vide letter no. 531 dtd. 20/5/2020 informed the respondent no. 2 that the petitioner had shown its inability to supply food materials and other items as were required for the inmates of the Divisional Jail, Lohardaga and recommended initiation of appropriate penal proceeding against it. During this period, the petitioner on several informal directions of respondent no. 4, somehow managed to procure about 900 Kgs. of flour (Aata) on 20/5/2020 and supplied it to Lohardaga Jail without there being any contract. In the month of May 2020, the respondent no. 4 directed the petitioner to supply mutton in Lohardaga Jail without any contract or issuing any tender notice and due to unavailability of the said item in the market during lockdown period, the petitioner expressed its inability to supply the same. The respondent no. 4 created pressure on the petitioner's proprietor for supplying food materials and other items against which she represented the respondent no. 2 vide letter dtd. 21/5/2020 sent through e-mail dtd. 22/5/2020. Thereafter, the petitioner received show cause notice dtd. 26/5/2020 and reminder show cause notice dtd. 11/6/2020, both issued under the signature of respondent no. 3 - the Assistant Inspector General of Prison, Government of Jharkhand, Department of Home, Prison and Disaster Management, Ranchi asking it to give explanation with evidence on the allegation that the food materials were not being supplied to Lohardaga Jail administration. The petitioner filed its detailed reply on 12/6/2020 sent through e-mail dtd. 13/6/2020 explaining that its earlier contractual obligations under annual as well as quarterly contracts had already ended on 31/3/2020 and thereafter during the period of lockdown, on the verbal direction of the respondent no. 4, it tried its best to procure most of the required food materials and supplied the same to the Divisional Jail, Lohardaga, however, it was quite difficult for the petitioner to procure a huge quantity of mutton during lockdown for which it had suggested the respondent no. 4 that the said item could be procured from any other source.

(3.) It is further submitted that during the said period, the petitioner was not under any contractual obligation to compulsorily follow the official instructions. However, vide office order as contained in memo no. 2274 dtd. 4/11/2020 issued under the the signature of respondent no. 2, the petitioner was blacklisted for five years in an arbitrary manner. In the light of said office order, the respondent no. 4 vide letter no. 964 dtd. 5/11/2020 restrained the petitioner from supplying such materials at Divisional Jail, Lohardaga which were to be supplied by it during the fourth quarterly contract period i.e., from 1/10/2020 to 31/12/2020. The petitioner represented the respondent no. 2 on 5/12/2020 requesting inter alia to withdraw/cancel the said order of blacklisting, however the same remained unresponded, which has compelled it to prefer the present writ petition.