VANDANA MAHILA SWASAHAYTA SAMUH v. STATE OF CHHATTISGARH
WPC/71/2021 · 2025-06-29
Shri Rakesh Mohan Pandey
body2025
DailyLaw.ai
[ 2025 DAILYLAW 1701 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1701 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:29067
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 71 of 2021 1 - Vandana Mahila Swasahayta Samuh Through Its President (Pardeshin Bai), Vandana Mahila Swasahayta Samuh (Registration No. 16230) Village And Post Amaldiha, Block- Podi-Uprora, Dist.- Korba (Chhattisgarh), District : Korba, Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Women And Child Development, Mantralaya Mahanadi Bhawan, Nava Raipur, Atal Nagar Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh 2 - The Collector District Korba, Office Of The Collector, District- Korba (Chhattisgarh),
District
:
Korba,
Chhattisgarh 3 - District Programme Officer Women And Child Development Office, Korba, District Korba (Chhattisgarh), District : Korba, Chhattisgarh 4 - Project Officer Integrated Child Development Project, Podi-Uproda, District Korba (Chhattisgarh), District : Korba, Chhattisgarh
... Respondent(s) For Petitioner : Ms. Diana Bajrang, Adv. on behalf of Mr. Vinod Deshmukh, Adv. For State : Mr. Pramod Ramteke, P. L.
Hon’ble Shri Justice Rakesh Mohan Pandey
Order On Board 30-06-2025 1) By way of this petition, petitioner has sought following relief(s):-
2 10.1 That, this Hon'ble Court may kindly be pleased to call the entire records pertaining to issuance of impugned order as well as Inquiry report and inquiry conducted by the respondent No.3, if any. 10.2 That, this Honble Court may kindly be pleased to quash the impugned order date 16/12/2020 ( ANNEXURE P/1) passed by the collector Dist - Korba ( C.G.) in appeal no. 202010050400030/B-121/2020-21 and the
order dated 20.08.2020 (ANNEXURE P/11). issued by the Respondent No.3 i.e. District Programme Officer, Women and Child Development, District Korba (C.G.) 10.3 That, this Hon'ble Court may Kindly be pleased to direct the respondents to allow the petitioner-to work in respect of production and distribution-of foods under the Ready to Eat scheme to the concerned Aanganbadi Kendra as per contract. 2) Learned counsel for the petitioner submits that petitioner is a registered society under C.G. Society Registration Act, 1973 ; under the aegis of scheme introduced by the Government of India, State of Chhattisgarh started a scheme to supply Ready-to-Eat meals to various schools and anganwadi centres and circular in this regard was issued on 25.07.2018. She further submits that petitioner applied and agreement was executed between the parties to supply Ready-to-Eat meals under the jurisdiction of Project Officer, Integrated Child Development Project, Podi- uproda, District – Korba on 10.09.2018 for a period of three years ; petitioner was directed to supply Ready-to-Eat meals in 35 centres. She also submits that there was internal dispute
3 among the functionaries of the petitioner-society and three members were removed ; the expelled members made a complaint against petitioner-society. She contends that show- cause notices were issued on 16.07.2020 and 27.07.2020 ; petitioner filed detailed reply and denied the allegations and thereafter, contract was terminated by District Programme Officer ,Women And Child Development Office, Korba vide order dated 20.08.2020. She further contends petitioner-society preferred preferred appeal against said order before Collector, Korba and same was dismissed vide order dated 16.12.2020. She also contends that petitioner was not afforded sufficient opportunity of hearing and no inquiry was conducted, therefore the orders passed by the District Programme Officer ,Women And Child Development Office, Korba and Collector, Korba dated 20.08.2020 and 16.12.2020 respectively are not sustainable in the eyes of law and deserve to be set-aside. 3) On the other hand, learned State counsel opposes. He submits that various complaints were received against petitioner ; show cause notices were issued and thereafter, inquiry was conducted and final order was passed by District Programme Officer ,Women And Child Development Office, Korba. He further submits that appeal preferred by the petitioner was also dismissed. 4) Heard learned counsel for the parties and perused the documents placed on record.
5) It appears that work to supply Ready-to-Eat meals was awarded
4 by petitioner-society for a period of three years from 10.09.2018. The authorities received various complaints against petitioner, therefore, show-cause notices were issued to petitioner on 16.07.2020 and 27.07.2020 ; statement of witnesses were recorded ; inquiry was conducted where petitioner failed to refute the allegations and subsequently, order was passed by respondent No. 3 terminating the agreement on 20.08.2020 which was affirmed by Collector, Korba in appeal on 16.12.2020. 6) Perusal of the order passed by Collector, Korba would show that decision was taken pursuant to Clause 11 of the agreement dated
10.09.2018. The order further reveals that the due procedure was followed before passing the order of termination of agreement. 7) Taking into consideration the facts that (i) there were allegations against petitioner (ii) show-cause notices were served and petitioner was afforded sufficient opportunity of hearing and (iii) decision was taken by respondent No. 3 after following due procedure to terminate the agreement and same has been affirmed by Collector, Korba in appeal. Therefore, I do not find any good ground to interfere with the orders impugned. 8) Consequently, this petition fails and is hereby dismissed. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya Digitally signed by AJINKYA PANSARE Date: 2025.07.02 14:01:06 +0530