Panchanan Sahu v/s. Union of India
- Anshu Shekhawat
- May 24, 2020
Content :
A recommendation was made by a committee constituted by order dated 12th July, 2006, passed in WP (C) no. 196 of 2007 of Supreme Court headed by Justice D.P Wadhwa (as the chairman of the instituted committee namely the Control Vigilance Committee on Public Distribution System). Pursuant to the said order of Hon’ble Supreme Court , the said committee submitted the report and recommendations to Hon’ble Supreme Court by order dated 10.11.2008, the report recommendations were made for smooth distribution of Public Distribution Committees commodities, which recommended for abolition of private storage agency and not to appoint Private Storage Agents in the State after expiry of their extended terms and to manage Private Distribution System through the operation by store staff , and it was proposed that departmental operation will be possible only when requisite manpower and equipment are provided to the corporation .
Opposite Party communicated the decision of government to the other Opposite party, who without executing the recommendations of Wadhwa Committee directed the collectors of the state to appoint contractors for handling and transportation of food grains in place of Private Storage Agents. Pursuant to which collector invited tender for appointment of contractors from reputed firms / companies /persons.
Petitioners challenged the legality of the advertisement published in Odia Newspaper “The Sambad “dated 14.12.2011 Annexure 4, inviting tender for assignation of contractor for transportation of stocks from designated rice Receiving Centre cum Departmental Storage Centre to retail Points even though they were discharging their duties to the best gratifications of the consumers and authorities, as the same would adversely affect the Distribution System, will hike the cost and also the rights of the Petitioners. Petitioners filed a prayer to quash Annexure 2 and allow them to continue by giving necessary leeway to their license, as issued under Annexure 1.
In the case Pancahanan Sahu v. State of Odisha, Supreme Court upheld the Government’s / Committees policy decision.
