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Judgment
Heard.
The present impugned order dated 7.12.2016 has been passed on a direction issued by this Court to examine the complaint of irregularity committed by the petitioner, by a Committee as contemplated under clause 11 of the instructions and based on the recommendation of the Committee, the Collector was required to pass an order in accordance with law. The said clause 11 of the relevant instructions provides for an opportunity of hearing before taking any adverse action against the Self Help Group, who have been allotted the right to supply ready to eat food materials.
On an earlier occasion, the Project Officer, Jashpur has passed an order on 24.8.2016 cancelling the petitioner's agreement dated 23.11.2015. The said order was assailed in WPC No.2433 of 2016, in which, the above mentioned direction was issued by this Court.
After drawing samples of the materials supplied by the petitioner for several batches, including batch Nos.101 and 27, the petitioner was issued a show cause notice on 18.7.2016, which is available at page 52 of the paper book directing him to show cause as to why his agreement may not be cancelled and he shall not be removed from the list of suppliers of ready to eat food materials.
The petitioner appeared before the Committee and specifically stated that the samples drawn from his supply was for batch Nos.38 and 39, whereas, the show cause notice has been issued for batch Nos.101 and 27. The Committee did not dispute the said assertion of the petitioner, but concluded that since other samples were also drawn from the supplies made by the petitioner and the same has been found to be sub-standard, his agreement deserves to be cancelled.
While dealing with the petitioner's earlier Contempt Petition i.e. CONT. No.603 of2016, this Court directed the respondents to pass fresh orders in accordance with law after adhering to the requirements of clause 11 of the instructions.
If the instructions mandate adherence to the principles of natural justice, the same has to be applied in letter and spirit. It is not permissible that while the show cause notice would speak of defects in a particular sample drawn from certain batch number but the order is passed in respect of some other batch number. The notice should clearly state and make aware the person concerned as to the allegations which he is required to meet out at the time of hearing. He cannot be taken by surprise by passing an order in respect of some other material, for which, no notice was issued to him.
In view of the above, the impugned order is set-aside. The respondents are directed to obtain supply from the petitioner on the strength of the agreement entered with the petitioner.
Accordingly, the writ petition is allowed.