DINESH MEHTA
PMP Infratech Private Limited – Appellant
Versus
Rajasthan State Mines and Minerals Limited, through its Chairman – Respondent
JUDGMENT :
Dinesh Mehta, J.
1. In these writ petitions, following questions have arisen for consideration of this Court :
(ii) Whether the Chairman or any authority not being the Appellate Authority or the Court can order revival of an already terminated contract?
(iii) Whether by way of an administrative order, the termination of contract can be kept in abeyance?
2. The above questions are different than usual questions and the same have perhaps come up for consideration of this Court for the first time. Before dilating upon these questions, it would be appropriate to unfold the factual canvass, from which these questions have cropped up.
3. The respondent – Rajasthan State Mines & Minerals Ltd. (hereinafter referred to as ‘the RSMML’) is a Public Sector Enterprises of Government of Rajasthan - the State is having pervasive control over it and the Chief Secretary of the State is its Chairman. Being Public Sector Enterprises, the grant of contract by it is governed by an enactment known as Rajasthan Transparency in Public Procurement Act, 2010 (hereinafter referred to as ‘the RTPP Act’).
4. RSMML issued a notice dated 2
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