Fairness and thoroughness of enquiry before allowing work to start.

JUDGMENT :

1. At the request of learned counsel for the petitioner, the Deputy Commissioner, East Singhbhum, Jamshedpur is permitted to be impleaded as respondent no.7.

2. Necessary insertion in cause title of the writ petition be made by the counsel for the petitioner in course of the day.

3. The present writ petition has been filed for quashing the office order as contained in letter no.1412 dated 4th June, 2012 (Annexure-11 to the writ petition) passed by the Superintendent, MGM Medical College Hospital, Jamshedpur-respondent no.4, whereby the office order as contained in letter no.1361 dated 30th May, 2022 has been cancelled and M/s. Abhinav India Enterprises, Jamshedpur-respondent no.6 has been directed to start supply of technical manpower (nursing services, para-medical staff, technical staff and other staff) with effect from 6th June, 2022 in terms of the office order no.1187 dated 17th May, 2022.

4. Learned counsel for the petitioner submits that the petitioner, the respondent no.6 and other bidders participated in a tender process pursuant to notice inviting tender vide Bidding Document no.2639 dated 15th November, 2021 issued by the respondent no.4 for providing nursing services, paramedical staff and other technical staff. The petitioner, however, was technically disqualified in the said tender process, which was subsequently finalized in favour of the respondent no.6. The petitioner, accordingly, filed a complaint against the irregularities committed by the respondent no.4 in finalising the said tender. Pursuant to the said complaint, the Department of Health, Medical Education & Family Welfare, Government of Jharkhand vide letter no.224(9) dated 22nd May, 2022 issued under the signature of the Additional Secretary of the said department-respondent no.3 requested the Deputy Commissioner, Jamshedpur-respondent no.7 to make an enquiry on the point raised in the said complaint and to submit the enquiry report. Thereafter, the respondent no.4 vide office order as contained in letter no.1361 dated 30th May, 2022 permitted the old agency i.e. the petitioner to continue with the said work till outcome of the said enquiry. Subsequently, the respondent no.3 issued a reminder vide letter as contained in memo no.243(9) dated 3rd June, 2022 to the respondent no.7 to complete the enquiry and submit enquiry report without any further delay.

5. Learned counsel for the petitioner further submits that the respondent no.4 contrary to the office order dated 30th May, 2022 (Annexure-9 to the writ petition) passed the impugned office order as contained in letter no.1412 dated 4th June, 2022, directing the respondent no.6 to start the work of providing technical manpower (nursing services, para-medical staff, technical staff and other staff) without even waiting for the outcome of the enquiry pending before the respondent no.7. It is highly arbitrary on the part of the respondent no.4 in issuing the said office order in haste in favour of the respondent no.6 ignoring the fact that the petitioner’s complaint made against him is being enquired by the respondent no.7.

6. Learned counsel appearing on behalf of the caveator-respondent no.6 submits that pursuant to the impugned office order dated 4th June, 2022 issued by the respondent no.4, the work has already been started by the respondent no.6.

7. Learned counsel for the petitioner, on instruction, submits that representative of the petitioner has already appeared in the said enquiry on 10th June, 2022 before the respondent no.7 and hence there is no reason as to why there should be any further delay in submitting the enquiry report before the Government.

8. Heard learned counsel for the parties and perused the contents of the writ petition.

9. The main grievance of the petitioner raised in the present writ petition is that the respondent no.4 without awaiting for the outcome of the enquiry pending before the respondent no.7 has directed the respondent no.6 to take charge of the work in pursuance