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IN THE HIGH COURT OF ORISSA AT CUTTACK
MANASH RANJAN PATHAK, MRUGANKA SEKHAR SAHOO
Maa Budhimangala SHG, Kendrapara – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. appellant challenges prior court ruling. (Para 1 , 2) |
| 2. disputes over authority and procedure raised. (Para 3 , 4) |
| 3. court reviews contractual obligations. (Para 5 , 6) |
| 4. termination of contract is clarified. (Para 8 , 9) |
| 5. opportunity for hearing considered. (Para 10 , 11) |
| 6. lack of compliance with contract terms identified. (Para 12 , 13) |
| 7. writ appeal dismissed; ruling confirmed. (Para 14) |
JUDGMENT :
1. The appellant, a Self-Help Group (SHG) has been preparing and supplying Take Home Ration (THR) ‘Chhatua’ to different specified Anganwadi Centres under Rajnagar Block in the district of Kendrapara, it challenges the judgment dated 13th November, 2024 passed by the learned Single Judge in W.P.(C) No.27865 of 2024.
3. It is submitted by the learned counsel for the appellant that while passing the order as at Annexure-6 to the writ petition (which is also annexed to the writ appeal i.e. order dated 5th November, 2024, of which English translation has made available), issued by the respondent-Child Development Project Officer (CDPO), the show-cause furnished by the appellant-SHG regarding non-supply of THR has not been taken into account. The second submission made by
A Self-Help Group's claim of unfair supply discontinuation was dismissed as they failed to comply with contract terms, affirming the authority of the Child Development Project Officer in this context....
Engagement of Self Help Groups for supply of Take Home Ration is governed by administrative guidelines, and lack of renewal does not constitute an enforceable right, nor does it require a prior notic....
The court determined that the decision to rescind the Petitioner’s contract violated natural justice by not providing an opportunity to respond to allegations, necessitating adherence to procedural g....
The court reinforced that compliance with procedural directives is mandatory in selection processes, emphasizing the principles of natural justice and fair hearing.
Administrative actions affecting rights must adhere to natural justice principles, ensuring affected parties are given a fair opportunity to be heard before decisions are made.
Compliance with food safety regulations, including the requirement for a food license under section 31 of the Food Safety and Standards Act, 2006, is essential for engaging in food business.
Terms of the impugned tender run contrary to PUCL as well as the policy framed by the Government of India.
The engagement of a suitable self-help group for supplying THR must justify the exclusion of previously recommended candidates based on rational and documented criteria.
The central legal point established in the judgment is the requirement of a food license under the Food Safety and Standards Act, 2006 for engaging in food business.
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