Banamali Karmakar v. The State Of West Bengal And ORS.

10.04.2025 10.04.2025 Ct. No. 551 Jayanta WPA 27314 of 2024 Banamali Karmakar vs.

State of West Bengal & Ors.

Mr. Susmita Senapati ....For the Petitioner.

Mr. Vimal Kumar Shahi, Ld. AGP Ms. Pratiti Das ....For the State.

In terms of the direction passed on the last occasion the learned advocate appearing for the State hands up a copy of the instructions received by him from the respondent no. 6, i.e., the Deputy Labour Commissioner Bankura.

The learned advocate appearing for the State submits that the earlier tender process was cancelled/withdrawn in as much as the same had been initiated without following the relevant guidelines issued by the Department of Finance. He submits that there has been a recommendation by the departmental tender committee of the Labour Department "to invite fresh tender in this regard following para (i) & (ii) of the F.D. Memo No. 3687-F(Y) dt. 02.05.2012". A copy of the instructions handed up to the Court is kept on record. In view of the aforesaid this Court does not find any illegality in the act of recall of the tender process and since the entire tender process has been recalled, the

prayer of the petitioner for issuance of work order as made in the writ petition cannot be granted.

The WPA 27314 of 2024, is disposed of by leaving the petitioner free to participate in the fresh tender that may be initiated by the respondents, if the petitioner is otherwise eligible to participate in the tender in accordance with law.

(Om Narayan Rai ,J.)