Delhi High Court - Orders
Secretary, Food And Beverage ... vs Directorate Of Education, Govt. Of Nct ... on 27 March, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3826/2023 and CM APPL. 14888/2023
SECRETARY, FOOD AND BEVERAGE FOUNDATION
SOCIETY REGD. ..... Petitioner
Through: Mr. V. K. Garg, Senior Advocate with
Mr. P.S. Singal, Mr. Parv Garg, Mr. K.
S. Rekhi, Mr. Akansh Singhal, Mr.
Pawas Kulshreshta, Advocates (M-
8368200901)
versus
DIRECTORATE OF EDUCATION, GOVT. OF NCT OF
DELHI ..... Respondent
Through: Mr. Anupam Srivastava, Additional
Standing Counsel, GNCTD and Mr.
Vasuh Misra, Advocate for R-1 (M-
9730835755)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 27.03.2023
1. This hearing has been done through hybrid mode.
2. The Petitioner- Food and Beverage Foundation Society is aggrieved by the debarment order dated 14th February, 2023 passed by the Directorate of Education, GNCTD. By way of the impugned order, the Petitioner has been indefinitely debarred from supplying mid-day meals. The allegation of GNCTD is that the Petitioner had supplied sub-standard material to children which was not fit for human consumption. It is their specific allegation that the Petitioner supplied dalda (vanaspati) in place of refined oil and chana, which was found to be rotten.
3. A show cause notice was issued on 27th December, 2022 which was replied to by the Petitioner vide letter dated 4th January, 2023. The stand of Signature Not Verified Digitally Signed By:RAHUL Signing Date:28.03.2023 19:52:13 the Petitioner is that insofar as dalda supply is concerned, the receipt itself shows that the same is described as oil/fat and not refined oil. Insofar as rotten chana is concerned, it is submitted by Mr. Garg, ld. Senior Counsel that the chana was supplied to the school in January, 2022, however, the authorities started distributing the same only in September, 2022. Thus, the chana being an edible item, it could not have been stored for so long before it was open and distributed. In any case, the Petitioner had immediately replaced the same. He further submits that the debarment is also indefinite without any time period.
4. Issue notice.
5. In the opinion of the Court, the main question that would arise in the present case is in respect of whether the supplies were made by the Petitioner of dalda. Insofar as the period of debarment is concerned, the issue of proportionality would also arise.
6. Considering that the debarment is indefinite, list 27th April, 2023. By then, the Respondent shall file a status report on record.
PRATHIBA M. SINGH, J.
MARCH 27, 2023 Rahul/SK Signature Not Verified Digitally Signed By:RAHUL Signing Date:28.03.2023 19:52:13