Pradeep Kumar Pradhan Vs State Of Odisha & Ors

This matter is taken up through hybrid mode.

Heard Mr. J. Dash, learned counsel appearing for the petitioner and Mr. P.P. Mohanty, learned Additional Government Advocate appearing for the State-opposite parties.

The petitioner has filed this writ petition seeking to quash the order dated 20.01.2024 under Annexure-6, by which opposite party no.3-Chief Engineer, D.P.I. & Roads, Odisha has cancelled the bid for the work “Improvement such as widening and strengthening of Kosala-Chhendipada via Kampasala road from 15/900 km to 28/000 km in the district of Angul under State Plan” (I.D: 2023_EICCL_972774) invited vide Bid Identification No.CE-DPI & R-28/2023/24 on the basis of the letter No.1011 dated 12.01.2024 issued by the Government of Odisha in Works Department.

Mr. J. Dash, learned counsel appearing for the petitioner contended that while cancelling the tender for the aforesaid work, vide order dated 20.01.2024 under Annexure-6, opposite party no.3 has not assigned any reason save and except indicating the letter no.1011 dated 12.01.2024 issued by the Government of Odisha in Works Department. Thereby, the order so passed by opposite party no.3 cancelling the tender without any reason cannot be sustained in the eye of law.

Mr. P.P. Mohanty, learned Additional Government Advocate appearing for the State-opposite parties contended that since the order cancelling the tender has been passed referring to the letter no.1011 dated 12.01.2024 issued by the Government of Odisha in Works Department, the same does not call for interference by this Court.

Considering the contentions raised by learned counsel for the parties and after going through the records, this Court finds that opposite party no.3, vide order dated 20.01.2024 under Annexure-6, has cancelled the tender for the work “Improvement such as widening and strengthening of Kosala-Chhendipada via Kampasala road from 15/900 km to 28/000 km in the district of Angul under State Plan on the basis of the letter no.1011 dated 12.01.2024 issued by the Government of Odisha in Works Department. But, what contains in letter no.1011 dated 12.01.2024 or in which context the said letter was issued, the same has not been indicated and, as such, the order impugned has been passed without assigning any reason. Therefore, the order dated 20.01.2024 under Annexure-6 passed by opposite party no.3, having not contained any reasons cannot be sustained in the eye of law.

Reasons being a necessary concomitant to passing an order, the authority can thus discharge its duty in a meaningful manner either by furnishing the same expressly or by necessary reference to those given by the original authority.

In Union of India v. Mohan Lal Capoor, AIR 1974 SC 87, it has been held that reasons are the links between the materials on which certain conclusions are based and the actual conclusions. They disclose how the mind is applied to the subject-matter for a decision whether it is purely administrative or quasi-judicial and reveal a rational nexus between the facts considered and conclusions reached. The reasons assure an inbuilt support to the conclusion and decision reached. Recording of reasons is also an assurance that the authority concerned applied its mind to the facts on record. It is vital for the purpose of showing a person that he is receiving justice.

Similar view has also been taken in Uma Charan v. State of Madhya Pradesh, AIR 1981 SC 1915, Patitapaban Pala v. Orissa Forest Development Corporation Ltd. & another, 2017 (I) OLR 5 and in Banambar Parida v. Orissa Forest Development Corporation Limited, 2017 (I) OLR 625.

In view of the above, the order dated 20.01.2024 under Annexure-6 passed by opposite party no.3- Chief Engineer, D.P.I. & Roads, Odisha, in cancelling the tender in question, having not recorded any reason, suffers from gross illegality and irregularity. Accordingly, the same is liable to be quashed and is hereby quashed. The matter is remitted back to opposite party no.3 to reconsider the same and pass appropriate order as expeditiously as possible in accordance with law by assigning reasons.

With the above observation and direction, the writ petition stands disposed of.

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