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RAJIV ROY, K. VINOD CHANDRAN
Nabin Bharos Choudhary – Appellant
Versus
State of Bihar – Respondent
Rajiv Roy, J. – Heard the parties.
2. The present petition has been preferred for the grant of following reliefs: –
(i) for issuance of a writ in the nature of writ of Certiorari or any other appropriate writ, order or direction, quashing that part of the reasoned order bearing memo no. 9848 dated 10.08.2015 issued under the signature of Managing Director, Bihar State Food and Civil supplies Corporation Ltd (henceforth for short, ‘the Corporation’) whereby the rate approved for payment for specified distances have been modified unilaterally by the respondent corporation in contravention with the terms of the written agreement with the petitioner;
(ii) for issuance of a writ in the nature of writ of Certiorari or any other appropriate writ, order or direction, quashing the letter no 1403 dated 10.08.2015 issued under the signature of District Manager, State Food Corporation, Samastipur whereby the new rates applicable subsequently selected Transporting to cum Handling Agent namely Deepak Kumar has been made applicable to the petitioner also, detrimental to the interest of the peti
The Managing Director of the Corporation acted within his authority under the Articles of Association to impose salary recovery, and the petitioner was afforded due process.
Government must exercise discretion in contract awarding fairly and rationally, without arbitrary discrimination against bidders.
Retrospective recovery of amounts by public authorities must adhere to established tender conditions and principles of natural justice.
Retrospective recovery of amounts under an executive order is impermissible without following due process and the principles of natural justice.
Adopting a different view in matter in facts and circumstances of case would not be permissible in eye of law.
The court emphasized that the award of contracts should be in public interest and not interfered with unless there is evidence of malafide or irrationality.
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