Case Note & Summary
The petitioner, Sri S Gautam Raj, a contractor, filed two writ petitions under Articles 226 and 227 of the Constitution of India challenging the substitution order dated 7.4.2016 issued by the Bruhat Bengaluru Mahangara Palike (BBMP) replacing him with another contractor for solid waste management work. The petitioner claimed that he had a contract with BBMP for cleaning solid waste and that the substitution was illegal. The court, however, observed that the bedrock of good governance is 'Work or Perish' and that those who do not work and deliver must perish, be it governments or contractors. The court noted that the petitioner was a contractor engaged by BBMP for public service and had no vested right to continue with the contract. The BBMP, being a public body, had the right to replace a non-performing contractor to ensure public service. The court dismissed both writ petitions, holding that the petitioner failed to make out any case for interference under writ jurisdiction.
Headnote
A) Public Contracts - Substitution of Contractor - No Vested Right - The court held that a contractor engaged by a municipal corporation for public service has no vested right to continue with the contract, and the corporation has the right to substitute a non-performing contractor in the interest of public service. (Paras 1-3) B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - The court dismissed the writ petitions challenging the substitution order, holding that the contractor failed to show any legal right to be continued, and the BBMP's action was in public interest. (Paras 1-3)
Issue of Consideration
Whether a contractor has a vested right to continue with a public contract for solid waste management and whether the BBMP can substitute him for non-performance.
Final Decision
Both writ petitions are dismissed. No order as to costs.
Law Points
- Public contracts
- Right to substitute contractor
- No vested right in contract
- Work or perish principle
- Writ jurisdiction under Articles 226 and 227 of Constitution of India
