Prashant Kumar, J. - (1.) BOTH the writ applications are heard together, as they arose from the same impugned order.
(2.) THESE writ applications have been filed for quashing the order contained in memo No. 241, dated 24.01.14 passed by the Secretary, Food, Public Distribution & Consumer Affairs Department, Government of Jharkhand, Ranchi whereby and whereunder, he rescinded the tender No. 05/2013 issued vide letter No. 1048 dated 30.11.2013. It appears that respondent No. 2 (the Managing Director, Jharkhand State Food & Civil Supply Corporation) had issued a tender vide tender No. 05/2013 on 30.11.2013 for transportation and handling of food grains for different district godowns to the godowns at the block level. It appears that the petitioners and intervenors participated in the tender for different districts. It appears that they have been declared L -1 by the Corporation and were called for negotiation. During that period, some of the unsuccessful bidders approached respondent No. 4 and made certain complaints against the Managing Director of the Corporation. On the basis of aforesaid complaints, respondent No. 4 called response from the Managing Director. Thereafter vide order contained in memo No. 241, dated 24.01.2014 cancelled the tender as contained in Annexure -2 and directed the Corporation to fix the terms and conditions of the tender and then take the approval of the Chairman of the Board of Directors on the terms and condition.
(3.) IT is submitted by learned counsels for the petitioners that the Secretary of the Department of Food and Public Distribution and Consumer Affairs has no power to rescind the tender issued by respondent No. 2, therefore the impugned order is wholly without jurisdiction and therefore non est in the eye of law.;