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 guidelines.

JUDGMENT :

V. Narasingh, J.

1. Heard learned counsel for the Petitioner and learned counsel for the Opposite Parties.

2. The present Writ Petition has been filed assailing the letter dated 20.09.2019 issued by the Collector, Bhadrak under Annexure-5 as well as the enquiry report dated 10.09.2019 of the District Level Team headed by the Tahasildar, Chandabali under Annexure-4 by not allowing the Petitioner (SHG) to continue service of preparation and supply of THR (Chhatua) under SNP Feeding Programme.

3. It is the case of the Petitioner that he was entrusted with the work as supplier as SHG to undertake the supply of THR Chhatua for Chandabali Block.

The Petitioner had unblemished record since the date of such entrustment from 2011 and since the programme in question was an early one, in terms of the prevailing guidelines, it is agreed at the Bar that the same was renewed every year.

4. It is submitted by the learned counsel that lastly in the year 2018 there was an agreement which was entered into between the Government of Odisha to provide THR under SNP through WSHG for pregnant and lactating women and the period of agreement was from 28.09.2018 to 27.06.2019. The said agreement is on record at Annexure-2.

5. It is the submission of the learned Senior Counsel, Mr. Mishra that in view of the unblemished record of the Petitioner, it was looking forward to renewal. Learned Senior Counsel also refers to the policy of the Government which inter alia indicate that “the Collectors are to take the final decision on renewal of contract after a period of one year without waiting for formal communication from the Government in the matter”.

6. It is submitted that when the matter stood thus and the Petitioner was legitimately looking forward to renewal suddenly he received the communication at Annexure-5 by which the Collector had directed the CDPO, Tihidi of Chandabali-I & II and Dhamnagar ICDS Project for selection of new WSHGs in place of rescinding WSHGs under SNP within a period of extension of two months and assailing the same, the Petitioner is before this Court and the present lis is concerned with Chandabali-II, Trinath Shakti WSHG, Orasahi.

7. It is submitted by the learned Senior Counsel, Mr. Mishra for the Petitioner that on a bare perusal of the impugned order at Annexure-5, it is seen that the same has been passed on the decision of the District Appraisal Committee and the findings of the District Appraisal Committee are at Annexure-4.

8. Referring to the performance Appraisal Report at Annexure-4, which is the basis of issuance of impugned order at Annexure-5, it is submitted that under the heading infrastructure facilities it is mentioned in paragraph-11 clause-vi that Roosting Machine installed and purchased by WSHG (Yes/No) – No (Manually) and so far as maintenance of records under paragraph-12 is concerned, it is stated that the general ledger has not been updated and in this context both the alleged violations on account of infrastructure facilities as well as records maintained by the SHGs at Paragraphs-11 & 12 are extracted hereunder:-

“11. Infrastructure Facilities:-

xxx

xxx

xxx

vi. Roosting Machine installed and purchased by WSHG (Yes/No) – NO (Mannualy).

xxx

xxx

xxx

12. Records Maintenance By SHG:-

i) Cash Book and Bank A/C updated (yes/No): - Yes

ii) Purchase Register updated (yes/No): -Yes

iii) General Ledger updated (yes/No): -No

iv) Stock register of movable and immovable properties and dead stock: NO

v) Stock Register of raw material updated (yes/No): - Yes

vi) Stock Register of Chhatua prepared updated (ye