Civil Writ Petition No.2801 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.2801 of 2011 Date of decision: 18.4.2011 Jaswinder Singh ...Petitioner Versus Chairman cum Managing Director, Food Corporation of India and others ...Respondents CORAM: HON'BLE MR.JUSTICE ADARSH KUMAR GOEL HON'BLE MR.JUSTICE AJAY KUMAR MITTAL Present: None for the petitioner Mr. Hari Pal Verma, Advocate for respondents. ADARSH KUMAR GOEL, J. This petition seeks quashing of tender notice dated 17.12.2010 Annexure P-1 for allotting transport contract at the risk and costs of the petitioner. Case of the petitioner is that he was awarded transport contract on 5.11.2009 for two years. While executing the same, an allegation was made that the petitioner was not carrying out the work in accordance with the conditions of the contract. Accordingly, notice dated 13.7.2010 Annexure P-8 was issued proposing action under Clause X(c) of the Model Tender Form (which had become part of the contract) to the effect that even without terminating the contract, the work could be allotted to someone else at the risk and cost of the petitioner. The petitioner opposed the said proposal and also gave legal notice dated Civil Writ Petition No.2801 of 2011 -2- 14.12.2010 Annexure P-13 claiming that enquiry be held in the matter before proceeding further but before taking a final decision on the legal notice of the petitioner, impugned tender notice dated 17.12.2010 has been issued. Main objection of the petitioner is that action of the Food Corporation of India is not fair as petitioner has not been granted any opportunity of being heard. Notice was issued to the respondents. Mr. Hari Pal Verma, learned counsel appears for the respondents. We have heard learned counsel for the respondents. Learned counsel for the respondents fairly states that though repeated opportunities have been afforded to the petitioner, the petitioner can be given another opportunity of being heard by the General Manager, Food Corporation of India, Chandigarh and till decision is taken after hearing the petitioner, no further action in pursuance to the tender notice dated 17.12.2010 Annexure P-1 will be taken. In view of above, without expressing any opinion on merits, we dispose of this petition with a direction that if the petitioner appears before the General Manager, Food Corporation of India, Chandigarh respondent no.2 within ten days from today, the General Manager, Food Corporation of India, Chandigarh may pass an appropriate order after hearing the petitioner and considering his view point. The petition is disposed of accordingly. (Adarsh Kumar Goel) Judge April 18, 2011 (Ajay Kumar Mittal) Pka Judge