T P YAKOOB Vs. KERALA STATE CIVIL SUPPLIES CORPORATION LTD
HIGH COURT OF KERALA
KERALA STATE CIVIL SUPPLIES CORPORATION LTD
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(1.) The challenge in this Writ Appeal is against blacklisting of appellant from undertaking any contract in the Kerala State Civil Supplies Corporation (for short the Corporation).
(2.) Appellant was awarded a contract by the Corporation for handling and transportation of foodgrains to the Sub Depot at Vellayil in Kozhikode for a period of two years commencing from 21.4.1997. Main two items of operation under the contract were cleaning of the food grains and filling the loose grains in gunnies. In the nature of the dispute that is to be resolved in this case, we are not referring to the various other details relating to the contract in question.
(3.) As mentioned earlier, the contract awarded to the appellant was initially for a period of two years starting from 21.4.1997. It is not in dispute that the contract was being renewed by the Corporation from time to time at the same rates and on the same terms and conditions as indicated in Ext. P1. However, by Ext. P3 communication dated 23.3.2002 the Regional Manager of the Corporation informed the appellant that the special audit party which conducted a detailed audit of accounts relating to cleaning and rebagging of the foodgrains undertaken at the sub depot, for the period from 26.5.1997 to 31.12.2000 had detected a lot of discrepancies and that the appellant was paid a sum of Rs. 2,57,361.55 on the basis of bogus claims made by him. Therefore, the appellant was directed to remit the above mentioned sum of Rs. 2,57,361.55 to the Corporation, being the cleaning and filling charges received by him fraudulently within seven days of receipt of Ext. P3 communication. In response to the above communication, the appellant submitted Exts. P4 and P5 representations which, however, were not productive. Thereafter, the Corporation informed the appellant by its communication dated 3.7.2002 (Ext. P6) that the above sum of Rs.2,57,361.55 would be recovered from the pending bills payable to him towards the handling and transporting charges. Later, appellant was informed that his request to reconsider the order for recovery cannot be entertained. Soon thereafter, by Ext. P8 order dated 6.8.2002 the Chairman and Managing Director of the Corporation found that the appellant had cheated the Corporation to the tune of Rs. 2,57,361.55 and consequently it was ordered that the appellant be blacklisted from undertaking any type of work in the Corporation.;
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