Ratan Kumar Sah vs The State of Jharkhand, Deputy Commissioner and The District Welfare Officer

R.K. Merathia, J.—Mr. Rajesh Kumar, learned Counsel appearing for the Petitioner submitted that as per the tender, Petitioner was awarded work of supply of foodgrains etc. to the concerned schools directly, but then he was asked to come to headquarter - Godda with samples of items whenever they are supplied which was not the terms and conditions of the contract, and therefore, he objected to it as it would cause burden on him, which he did not contemplate at the time of making offer. Now the Petitioner''s work order has been cancelled on the ground that he raised baseless objections and his security has been ordered to be forfeited and he has been black listed by order dated 25.10.2010 without giving opportunity of hearing. He further submitted that it is not known, who are the members of the committee.

On this, learned State counsel was directed to take instruction. On instruction, from the District Welfare Officer he submitted that the District Level Programme Committee (''DLPC'' in short) consists of the following members:

(1) the Deputy Development Commissioner as Chairman, (2) the District Accounts Officer, (3) the District Welfare Officer, (4) the Deputy Commissioner/or the officer nominated by him, (5) the Headmasters of the concerned schools.

He further submitted on instruction that Petitioner may provide the samples of the articles to be supplied before the Committee and then supply the articles as per the sample, on the rates already fixed.

On this, Mr. Rajesh Kumar submitted that Petitioner is agreeable.

In the circumstances, DLPC will inform a date to the Petitioner on which date, he will furnish the samples of the items to be supplied. If those samples are approved, the DLPC and the Petitioner will put their signatures on the samples. The samples will be kept properly. Petitioner will supply the articles as per the approved samples on the rates and the terms and conditions already fixed in the tender. If there is any deviation in the sample, the quality of the article remaining the same, the Petitioner will be required to take prior approval of the DLPC with regard to such fresh sample. The impugned order dated 25.10.2010 passed by the Deputy Commissioner, Godda is set aside.

With these observations and directions, this writ petition stands disposed of.