ADARSH SARASWATI MAHILA SHIKSHA AND GRAMIN VIKASH SAMITI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioner, a registered society engaged in the implementation of Jal Jeevan Mission activities is before this Court, challenging the impugned termination notice dtd. 27/9/2022, issued by the respondent No. 2, terminating the letter of award dtd. 1/7/2021, issued to the petitioner as an Implementation Support Agency, under Jal Jeevan Mission, Meghalaya.

(2.) Mr. F. Hasan, learned counsel for the petitioner submits that, the petitioner was awarded contract for 5 (five) districts, and though the schedule of completion of the works was adhered to, with regard to Phase I of the project, the respondent No. 2, vide letter dtd. 2/7/2022, had communicated that the petitioner had failed to complete the works within the stipulated time period and had directed the petitioner to complete the Phase I activities within 15 (fifteen) days from the date of issuance of the said letter. He further submits that, the works of the petitioner was completed, as per the requirement of the respondents, but however, the respondents cancelled the work awarded to the petitioner, on the pretext of failure to complete the project within the stipulated timeframe.

(3.) Learned counsel submits that the impugned order is a non speaking order because it does not give a complete picture, with regard to the basis of cancellation, nor does it reveal the reasons as to why the respondents have arrived at a decision to cancel the contract. It is submitted that, the impugned order being a non-speaking order is unsustainable in law, and being arbitrary, is violative of the fundamental rights. Referring to the affidavit filed by the State respondents, the learned counsel submits that, wild allegations have been made against the petitioner regarding corrupt practices, such as, offering of bribe to the District Project Manager, which allegation however, does not find place, or mentioned in the impugned order. The learned counsel, has then taken this Court to the terms of reference contained in the document dealing with selection of Implementation Support Agencies (ISA) under Jal Jeevan Mission (JJM), and submits that, it is given therein that the empanelment is valid for 3 (three) years, which can be extended depending on the requirement of the services, and that for new schemes, each ISA would be responsible for the entire project circle of maximum 18 (eighteen) months to 40-60 villages at a time.