SIGMA COMPUTER Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner, in this writ petition, has prayed for quashing the order, contained in Letter No. JGMTRTC 095/Ranchi dated 9th March, 2007 issued by the respondent No. 4, whereby the Purchase Order Nos. F.O./PKG 5.00/001/Ranchi/053 and F.O./PKG 5.00/001/Dumka/054, both dated 5th February, 2007, for supply of computers and peripherals and delivery of the goods at the respective sites have been cancelled. Petitioner has further prayed for quashing the Notice Inviting Tender published in the newspaper on 1st April, 2007, whereby tenders have been invited for supply of goods for which the purchase orders were issued to the petitioner.

(2.) ACCORDING to the petitioner, the order was placed for purchase of the computers etc. pursuant to his offer made as per the DGS and D Rate Contract dated 29th January, 2007. Pursuant to that, two referral order were placed, being Ref. Nos. F.O./PKG 5.00/00 l/Ranchi/053 and F.O./PKG 5.00/001/Dumka/054, both dated 5th February, 2007, for supply of computers and peripherals and delivery of goods at the respective sites. According to the petitioner, the Finance Department, Government of Jharkhand, had taken resolution dated 28th October, 2003 to purchase goods as per DGS and D Rate Contract in stead of floating any tender. There was no illegality and arbitrariness in making decision in favour of the petitioner and placing the order. However, by order dated 9th March, 2007 issued under the signature of the Respondent No. 4, purchase orders dated 5th February, 2007 for supply of computers and peripherals and delivery of goods at the respective sites have been suddenly cancelled and Notice Inviting Tender was published in the newspaper on 1st April, 2007. It has been stated that the said order of cancellation of the purchase orders has been issued without giving any notice or opportunity of hearing to the petitioner and the same is vitiated, arbitrary and violative of principle of natural justice and is liable to be quashed by this Court. It has been submitted that the petitioner against the said arbitrary order approached the Principal Jharkhand Government Mini Tool Room and Training Centre, Ranchi as also the Principal Secretary, Department of Industries, Government of Jharkhand, but his representation has not been considered and no order has been passed. The petitioner has to ultimately take resort to this Court by filing the instant writ petition. - -

(3.) MR . A.K. Sinha, learned Senior Counsel, appearing on behalf of the Respondent No. 4 submitted that the petitioner is a mere service provider and is not a manufacturing company and at its instance, this writ petition is not maintainable. He further submitted that the purchase orders were made without following the prescribed norms and no right whatsoever accrued to the petitioner. The petitioner is not entitled for any notice or opportunity of hearing. There is no substance in the petitioner's allegation that the rule of natural justice has been violated by cancelling the purchase orders.