- (1.) Seeking quashing of order contained in memo dated 02.03.2012 whereby the petitioner-Corporation has been blacklisted, the present writ petition has been filed.
(2.) The brief facts of the case are that, the petitioner-Corporation is a Government Company wholly owned by the State of Haryana. Pursuant to letter dated 06.05.2010 of the Director, Agriculture, Expressions of Interest were invited for submission, for which last date was 12.05.2010. The petitioner-Corporation vide letter dated 10.05.2010 furnished details of seeds which it was capable of supplying through its co-producer. The petitioner-Corporation was given work order for supply of Maize seed for different districts. It was also given supply order for "Kulthi" seed of "Madhu" variety for Palamu district vide work order dated 18.08.2010. It is stated that the petitioner-Corporation was also given work orders for supply of various quantity of seeds of different variety of Maize, Moong, Potato, Toria, Niger, Kulthi-Madhu, Paddy, Arhar etc. From the seeds supplied by the petitioner-Corporation, samples were taken and sent for analysis and after inspection and verification of the quality of seeds, part-payment was also made to the petitioner-Corporation. On 29.11.2011, a show-cause notice was issued to the petitioner alleging that in Palamu district, growth of Kulthi seeds supplied by the petitioner-Corporation was not satisfactory. A 3-Man Committee was constituted which also found that growth of Kulthi plant was negligible and thus, sample of Kulthi seed was sent for DNA test which was done at NBPGR, Pusa, New Delhi. The test report indicated that there was considerable admixture in the seed lot of the variety provided. The petitioner-Corporation submitted its reply on 24.02.2012 however, vide order dated 02.03.2012, the petitioner-Corporation was blacklisted.
(3.) A counter-affidavit has been filed on behalf of the respondent Nos. 1 and 2 stating that on complaints made by the farmers that the Vanaspati growth of plants of Kulthi of Madhu variety, an information was given by the Deputy Commissioner, Palamu to the Director, Agriculture vide letter dated 14.04.2011 recommending that the supplier of the seed may be put in the blacklist category. Accordingly, the sample of Kuthi-Madhu variety was sent to the National Bureau of Plant Genetics Resources, New Delhi for DNA test. The test report revealed that there was considerable admixture in the seed lot of the variety provided. It was further observed that the released variety VLG 10 is distinct for the profile from the test variety "Madhu". Consequently, a show-cause notice dated 29.11.2011 was issued to the petitioner-Corporation for taking appropriate action for its fraudulent act. After considering the reply of the petitioner-Corporation, order dated 02.03.2012 was passed, blacklisting the petitioner-Corporation and withholding payment of balance amount and also for initiating action for recovery of the payment made to it.;