QAMARUNNISSA Vs. STATE OF U P THRU PRIN SECY HOME & 3 ORS
LAWS(ALL)-2018-3-321
HIGH COURT OF ALLAHABAD
Decided on March 22,2018

Qamarunnissa Appellant
VERSUS
State Of U P Thru Prin Secy Home And 3 Ors Respondents

JUDGEMENT

- (1.) The petition seeks issuance of a writ in the nature of certiorari quashing order dated 30th October, 2007, placed on record as Annexure 1 and consequential order dated 21st November, 2007, placed on record as Annexure 2.
(2.) The sequence of events appears to be that M/s Asian Trading and Manufacturing Corporation, represented by the petitioner, got a work order for supply of body protectors, helmets and polycarbonate lathies, vide Annexure 9 dated 30th June, 2007. The work order, Annexure 9 itself refers to letter bearing No. 974, dated 29th June, 2007. Letter dated 29th June, 2007 is available on record as Annexure 7. Annexure 7 specifies the technical requirements of the articles. The document also provides that the body protectors, helmets and polycarbonate lathies would be examined in a laboratory before accepting the articles. It has further been provided that in case the articles are not found as per requirement in laboratory tests, the supply order would be liable to be canceled, at the discretion of Commandant General, Homeguards, U.P.
(3.) The only contention of learned counsel for the petitioner is that vide the impugned order the supply order has been canceled. The reason for cancellation of the supply order relates to bad quality of polycarbonate lathies and the helmets. There is no finding recorded in regard to body protectors. Since no defect has been found in the body protectors, issuance of cancellation letter vide the impugned orders is rendered arbitrary.;


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