M/S B. K. ENTERPRISES versus THE STATE OF MANIPUR

Citation: [2021] 11 S.C.R. 91 · Decided: 12-11-2021 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Disposed off
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Judgment (excerpt)

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M/S B. K. ENTERPRISES
v.
THE STATE OF MANIPUR
(Civil Appeal No. 6532 of 2021)
NOVEMBER 12, 2021
[M. R. SHAH AND A. S. BOPANNA, JJ.]
Tender: Conduct fresh Notice Inviting Tender-NIT through
e-Tender for transportation of food grains and Micronutrients under
the Wheat Based Nutrition Programme-WBNP – Direction by High
Court of Manipur to the State Government and in particular, the
Social Welfare Department in November last year to take up
immediate steps and issue fresh NIT for transportation of food grains
and Micronutrients under the WBNP within a stipulated period and
that the whole tender process including the issuance of work order
to be completed within the stated time – However, no steps taken till
date and since 2017-18 the contract for transportation of the rice
and other Micronutrients had continued by way of an interim
arrangement only and at the rates prevailing in the year 2017-18 –
Held: Action on the part of the State Government and the Social
Welfare Department of the State of Manipur is highly deprecated –
Contracts cannot be continued without finalizing of the tender
process and/or without issuing fresh tenders and/or without
undertaking the fresh tender process and by way of an interim
arrangement only and that too at the rates prevailing in the year
2017-18 – It is causing huge loss to the State and the Public
Exchequer and shows lethargy and negligence on the part of the
State Government – Unconditional apology tendered by the State
for the same cannot be accepted – Issuance of direction to State of
Manipur and the concerned Department including respondent
no. 2 to issue fresh NIT for appointment of transport contractor
under Supplementary Nutrition Programme (SNP), within the
stipulated period – Further direction that fresh NIT is conducted in
a fair and transparent manner through e-Tender – Judicial
deprecation.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 6532
of 2021.
[2021] 11 S.C.R. 91
91
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SUPREME COURT REPORTS
[2021] 11 S.C.R.
From the Judgment and Order dated 04.11.2020 of the High Court
of Manipur at Imphal in W. A. No.28 of 2018.
Siddhartha Dave, Sr. Adv., L. K. Paonam, Ms. Tomthinnganbi
Koijam, Niraj Bobby Paonam, Ms. Aswathi M. K., Ms. Saumya Gupta,
Advs. for the Appellant.
Pukhrambam Ramesh Kumar, Anupama Ngangom, Karun
Sharma, Advs. for the Respondents.
The Judgment of the Court was delivered by
M. R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment
and order passed by the High Court of Manipur at Imphal dated 04.11.2020
in Writ Appeal No. 28/2018, by which the Division Bench of the High
Court has disposed of the said writ appeal with the following directions,
a) The State Government and in particular, the Social Welfare
Department shall take up immediate steps and issue fresh NIT
for transportation of food grains and Micronutrients under the
WBNP within a period of 10(ten) days from the date of receipt of
a copy of this judgment and order;
b) The whole tender process including the issuance of work order
should be completed within 20 (twenty) days from the date of
issue of fresh NIT; and
c) Till the completion of the tender process and issuance of the
work orders, the present arrangement for transportation of food
grains under the WBNP pursuant to the interim order of this Court
dated 19.2.2018 shall continue
M/s B.K. Enterprises has preferred the present appeal.
2. We have heard Shri Siddhartha Dave, learned Senior Advocate
appearing on behalf of the appellant and Shri Pukhrambam Ramesh
Kumar, learned Advocate appearing for the respondents.
2.1 At the outset, it is required to be noted that this is a glaring
example of lethargy on the part of the State Government in not inviting
the fresh tenders for transporting Rice & other micronutrients under the
Wheat Based Nutrition Programme (WBNP), from Food Corporation
of India’s depots  in the State of Manipur, to the offices of Child
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Development Project Officers and to continue the contract without inviting
fresh tenders on the basis of the Notice Inviting Tender (NIT) issued on
22.06.2017 causing huge loss to the State and the Public Exchequer.
3. That the State of Manipur through the Director of Social
Welfare Department, Government of Manipur issued a NIT on 22.06.2017
for transporting Rice & other micronutrients under the Wheat Based
Nutrition Programme (WBNP), from Food Corporation of India’s depots
in the State of Manipur, to the offices of Child Devel
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