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Gauhati High Court · body

2000 DIGILAW 178 (GAU)

Taelom Pertin v. State of Arunachal Pradesh

2000-05-12

H.K.SEMA

body2000
I have heard Mr. C. Baruah, the learned counsel for the petitioner as well as Mr. NN Saikia, the learned Advocate General, Arunachal Pradesh assisted by Mrs G. Deka, the learned Govt Advocate, AP and also heard Mr. P. Khataniar, the learned counsel for the respondent No. 3. 2. This matter relates to the carriage contract of Public Distribution System (PDS) from FCI Depot, Dhemaji/North Lakhimpur to Upper Siang District of Arunachal Pradesh for the period 1.4.2000 to 31.3.2001. Pursuant to the Notice Inviting Tender (NIT), the petitioner along with others applied for the aforesaid carriage contract. After receipt of various applications the Selection Board sat on 16.12.99 and recommended the case of the petitioner as he has fulfilled all the terms and conditions specified by the Govt in the NIT. However, before the petitioner has been appointed, the allegation is that the Minister In-charge of Civil Supply and Consumer Affairs, Arunachal Pradesh wrote a letter to the Deputy Commissioner concerned to consider the case of the respondent No. 3 in place of the petitioner. Thereafter, the Selection Board sat 2nd time on 24.1.2000 and had reviewed the earlier proceeding and recommended the case of the 3rd respon­dent in the subsequent meeting. The entire allegation to this fact has been made in paragraph 11 of the affidavit-in-reply along with a detailed note sheet initiated in this regard. The averment made in paragraph 11 has not been controverter by the respondents by filing counter. However, the record has been called and the learned Advocate General, as directed, has produced the relevant record and it has been perused. Since the allegation made in paragraph 11 along with the note sheet is relevant for the purpose of disposal of this petition, it is quoted below : “11. That the deponent states that the Deputy Commissioner vide his order dated 22.1.2000 had directed the said Selection Board to review the decision of the Board as it was desired by the Hon'ble Minister, Civil Supply and Consumer Affairs for awarding the aforesaid carriage contract in favour of the respondent No.3 and the aforesaid letter of the Hon'ble Minister of Civil Supply and Consumer Affairs is at page 3 of the record and accordingly, as desired by the Deputy Commissioner the aforesaid Selection Board on 24.1.2000 had reviewed their earlier proceeding and had given the second recommendation for the signature of the Deputy Commissioner. The relevant portion of the record from NSP-4 and NSP-5 is quoted below : NSP-4 Sub: Carriage rate for transportation of food grains. A comparative statement has been prepared on the basis of tenders received from the various parties for carrying of food grains from FCI Depot to various distribution centre in Upper Siang District, which may kindly be seen at Flag 'A'. According to statement and/observation at Flag 'B' the Board has recommended the name of Sri Taelqm Pertin, Mariyang for awarding carriage contract for the year 2000-2001. FFO. Since the Board Members after examining all the Tenders have arrived at a decision to award the carriage contract to Shri T. Pertin, DC may kindly approve and recommend his name to the Directorate for acceptance. Discussed. Sd/-Illegible, 23.12.99 Sd/-Illegible, 24.12.99 Regarding awarding of carriage contract to Sri Karmi Taipodia, a letter received from the Hon'ble Minister Civil Supply and Consumer Affairs is put up at page 3 for perusal and further order P-5. NSP - 5 DSO has clearly been instructed to arrange to review of the decision of the Board once again immediately. Sd/-Illegible, 22.1.2000 As desired by DC the Board has received their proceedings and accordingly reput for DC's signature please. Agreed to there, Sd/- Illegible 24.1.2000 Sd/-Illegible 23.1.2000” 3. It is alleged that recommendation of the 3rd respondent by the Board in its subsequent meeting on 24.1.2000 has been made at the dictate of Minister In- charge of Civil Supply & Consumer Affairs by abusing the process of power. To my shocking surprise, when, the original file is produced, the note quoted in paragraph 11 of the affidavit-in-reply which reads as under : “Regarding awarding of carriage contract to Sri Karmi Taipodia, a letter received from the Hon'ble Minister, Civil Supply & Consumer Affairs is put up at page 3 for perusal and further order.” 4. This portion of the note sheet has been folded and pasted with another small paper covering the note sheet pressed with gum. Reading 1st line of the note sheet (uncovered portion), it tallies with the beginning of the sentence recorded in paragraph 11 of the affidavit-in-reply. Such practice is a fraud on the public. An authority possessing the public power, has to be exercised in the interest of public and not abuse of the process of power. Reading 1st line of the note sheet (uncovered portion), it tallies with the beginning of the sentence recorded in paragraph 11 of the affidavit-in-reply. Such practice is a fraud on the public. An authority possessing the public power, has to be exercised in the interest of public and not abuse of the process of power. Such fraudulent practice by an authority possessing power to exercise for a public interest is abuse of the process of power and a grave misconduct on the part of such authority. .Such fraudulent practice is deprecated. By covering the operative portion of the note sheet with regard to the note of the Minister, would clearly show that the respondents tried to hide their misdeeds. 5. This being the clear case of the abuse of the process of power in awarding State largesse to the citizens, the subsequent selection proceeding made by the Selection Board on 24.1.2000 is hereby quashed and set aside. The authority , concerned is directed to consider the case of the petitioner as recommended by the Selection Board in its meeting held on 16.12:99 within a period of two weeks from the date of receipt of this order. 6. Registry is directed to furnish a copy of this order to the Chief Secretary, Arunachal Pradesh. It is open to the Chief Secretary to initiate any proceeding against erring officer for committing fraud as indicated above. 7. Till the case of the petitioner is considered within the stipulated time as indicated above, the present arrangement shall Continue. The original file No. YKQ-560/99 is returned to the learned Advocate General, Arunachal Pradesh. There shall be no order as to costs.