NDLI: State of U.p. Vs. Sudhir Kumar Singh and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	audi alteram partem Breach of Principles of Natural Justice
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 Referred Case 19 Referred Case 20 Referred Case 21 Referred Case 22 Referred Case 23 Referred Case 24 Referred Case 25 Referred Case 26 Referred Case 27 Referred Case 28 Referred Case 29 Referred Case 30 Referred Case 31
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Principles of Natural Justice – audi alteram partem – Breachof – U.P. State Warehousing Corporation issued e-tender inter aliafor unloading/loading of foodgrains/fertilizer bags from/into railwaywagons, trucks etc.; transporting from Railway Station toCorporation godowns or vice versa – Tender cancelled – e-tenderagain published in the same terms, for Vindhyachal (Mirzapur)region, it was regarding appointment of Handling and TransportContractor for food grain in FCI for four depots/centres of UttarPradesh for two years – Cancelled again – Another tender reissuedfor the same region – Respondent No.1 declared as successfulbidder for the Bhawanipur-I centre – Agreement entered intobetween the Corporation and Respondent No.1 for execution ofthe work under the tender – Complaints of financial irregularitiesin the issuance of the e-tender – Tender cancelled – Respondentno.1 filed Writ Petition – Allowed – On appeal, held: Prayer in theWrit Petition confined itself to the cancellation of the tender –However, impugned judgment went ahead and not only set asidesuch cancellation vide letter dtd. 26.07.19, but also set aside theManaging Director ’s report dtd. 14.06.19, and the SpecialSecretary’s order of 16.07.19, which required taking disciplinaryaction and recovery of financial loss from those responsible – Setaside to that extent – Further, entire proceedings leading tocancellation of the tender, together with the cancellation itself, weredone on an ex parte appraisal of the facts behind respondent no.1’sback – Natural justice is a flexible tool in the hands of the judiciaryto reach out in fit cases to remedy injustice – In the present case,respondent no.1 was completely in the dark so far as the cancellationof the tender is concerned, the audi alteram partem rule having beenbreached in its entirety – Impugned judgment upheld on this ground– Tenders – Maxims – Constitution of India – Arst.226, 14.Constitution of India – Art.226 – Writ petition – Maintainabilityof, for enforcing contractual obligation of the State/itsinstrumentality – Discussed.
Judge	Hon'ble Mr. Justice R.F. Nariman
Neutral Citation	2020 INSC 603
Petitioner	State Of U.p.
Respondent	Sudhir Kumar Singh And Ors.
SCR	[2020] 13 S.C.R. 571
Judgement Date	2020-10-16
Case Number	3498

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
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