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2025 DAILYLAW 37202 (CAL)

SHIBA PROSAD BANERJEE AND ANR v. STATE OF WEST BENGAL AND ORS.

WPA/18939/2025 · 2025-09-11

Amrita Sinha

body2025

Judgment text

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07 11.09.2025 d.p. In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 18939 of 2025 Shiba Prosad Banerjee & Anr. -versus The State of West Bengal & Ors. Mr. Swarup Paul, Mr. Surya Maity, Mr. Guru Ssaday Dutta, Mr. Anish Roy. … For the Petitioners. Mr. Bikash Goswami. … For the State. 1. The Chief Medical Officer of Health, Bankura has forwarded a note dated 4th September, 2025 clearly mentioning that due to expiry of the existing contractor on 31st July, 2025, it was necessary to engage a new service provider. 2. The authority considered the case of one Shri Fatik Chandra Mondal, the petitioner herein Shiba Prosad Banerjee, United Order Supply Co-operative Society Limited and the Self Help Groups. Tender committee meeting was held on 2nd July, 2025 to review all the options. 3. As per the direction of the Secretary, Health and Family Welfare Department, the CMOH was directed to propose suitable action by using a tagging order. The first alternative available was Shri Fatik Chandra Mondal from whom consent was sought for. 4. As the said Fatik Chandra Mondal accepted the temporary arrangement by way of tagging only for six months until finalization of the fresh tender, the 2 said person has been permitted to make the necessary supply. 5. The expression ‘work order’ has been used solely to facilitate treasury payments made against the submitted bills. 6. The authority accepts that the same is a temporary arrangement and fresh e-tender will be floated. However, due to an existing stay order on Cooked Diet Supply, necessary direction is required to be obtained from the Hon’ble High Court. 7. The petitioners assert that the temporary arrangement has also been made by adopting pick and choose method. 8. The Court is not inclined to exercise jurisdiction in this matter at this stage, as the supply is to be made to the hospital on emergency basis and the procedure adopted is a mere stop gap measure. 9. The respondent authorities are, however, directed to take steps for floating fresh e-tender for selection of the suppliers in accordance with law. 10. The writ petition stands disposed of. 11. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities ( Amrita Sinha, J.)