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Patna High Court

Rajesh PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Central Purchase Committee lacks jurisdiction to modify rates fixed by the District Jail Purchase Committee, and the petitioner is entitled to payment at the district‑approved rates.

Summary

The petitioner, a supplier of food grains and other articles to District Jail, Bihar Sharif, challenged two orders fixing rates for his supplies that were lower than the rates recommended by the District Jail Purchase Committee and approved by the District Magistrate. He claimed the Central Purchase Committee had no authority to reduce those rates and sought payment of the differential amount with interest. The court examined prior judgments (C.W.J.C. Nos. 66/2013, 19583/2015, etc.) and held that the Central Purchase Committee cannot overrule rates set by the District Committee under Rule 24 and Rule 1051 of the Bihar Jail Manual. The court found the petitioner was entitled to the higher, district‑approved rates and that the respondents were estopped from unilaterally altering the contract. Consequently, the impugned orders were set aside and the jail superintendent was directed to pay the balance differential amount within eight weeks.

Issues considered

  • Whether the Central Purchase Committee has jurisdiction to alter rates fixed by the District Jail Purchase Committee under the Bihar Jail Manual.
  • Whether the petitioner is entitled to differential payment for supplies made at rates approved by the District Jail Purchase Committee.
  • Whether the orders fixing lower rates violate Rule 24 and Rule 1051 of the Bihar Jail Manual.
  • Whether the doctrine of legitimate expectation and promissory estoppel bars the respondents from reducing the agreed rates.

Legislation cited

Subjects

  • jail procurement
  • rate fixation
  • Central Purchase Committee
  • District Jail Purchase Committee
  • legitimate expectation
  • promissory estoppel
  • mandamus
  • Bihar Jail Manual
  • Rule 24
  • Rule 1051
  • writ petition

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.12087 of 2025
                 ======================================================
                 Rajesh Prasad Son of Ramdev Prasad, Resident of village Dipnagar, PS
                 Dipnagar, District Nalanda.

                                                                      ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through The Chief Secretary, Government of Bihar,
                 Patna.
           2.    The Home Commissioner, Home (Jail) Department, Bihar, Patna.
           3.    The Director (Work Shop), Jail Inspectorate, Home (Jail) Bihar, Patna.
           4.    The Inspector General, Prison, Bihar, Patna.
           5.    The District Magistrate-cum-Chairman, District Jail Purchase Committee,
                 Nalanda.
           6.    The Jail Superintendent, District Jail, Bihar Sarif, Nalanda.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr. Satish Kumar Sinha, Adv.
                 For the Respondent/s   :         Dr. Md. Raisul Haque, Standing Counsel (10)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

4   20-01-2026                 Heard the learned counsel for the parties.

                               The present writ petition has been filed for the

                   following relief(s):-

                                                          “(i) The order dated 28.08.2012,
                                            contained in Memo No. 3866, issued by the Director
                                            (Workshop), Jail Inspectorate, Home (Jail)
                                            Department, Bihar Government, Patna, by which
                                            the standard rate of different articles for supply of
                                            the same in different jail of Bihar, has been fixed,
                                            stating therein that the payment for the supply of
                                            food grains and other articles, made by the
                                            suppliers in jails, in financial years 2012-13, till, up
                                            till now, i.e. from 01.04.2012 to 23.08.2012, shall be
                                            made to the suppliers at the rate, fixed and approved
                                            for the financial year 2011-12 and the payment for
                                            the supply of food grains and other articles, made
                                            by the suppliers after the meeting of Central
                                            Purchase Committee, i. e. after 23.08.2012, shall be
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                                  made to the suppliers at the rate, fixed and approved
                                  for the financial year 2012-13, by the Central
                                  Purchase Committee, which is very lower to the
                                  market rate and rate fixed by the District Jail
                                  Purchase Committee and approved by the District
                                  Magistrate and the same is also contrary to the
                                  provision of the Rule 24 as well as Rule 1051 of
                                  Bihar Jail Manual.
                                               (ii) The order dated 05.10.2012,
                                  contained in Memo No. 4527. issued under the
                                  signature of the Director (Workshop), Jail
                                  Inspectorate, Home (Jail) Department, Bihar
                                  Government, Patna, by which the order dated
                                  28.08.2012, contained in Memo No. 3866, was
                                  modified, fixing the another fresh rate, contrary to
                                  the rate, fixed and recommended by the District Jail
                                  Purchase Committee, Nalanda.
                                               B) A writ in the nature of mandamus or
                                  any other appropriate writ/s, order/s, directions
                                  Commanding the respondent to make payment of the
                                  balance differential amount to the petitioner, against
                                  the supply made by him in District Jail, Bihar Sharif
                                  of Nalanda district, during the financial year 2012-
                                  13, as per the rate, fixed by the District Jail
                                  Purchase Committee, Bihar Sarif, Nalanda, which
                                  was approved by the District Magistrate, Nalanda,
                                  with penal interest, after adjusting the amount
                                  already paid to him, in the light of order/ judgement,
                                  passed in C. W. J. C. No. 66/2013 (i.e. Annexure-P6
                                  to the petition) and in CWJC No. 17308 of 2024
                                  (i.e., Annexure-P9 to this petition).
                                               (C) Any other relief/s for which the
                                  petitioner is entitled for. ”
                      3. Learned counsel for the petitioner has prayed that

          the matter is presently squarely covered by the judgment of this

          Hon’ble Court in C.W.J.C. No. 19583 of 2015 and other writ

          petitions which were allowed by this Hon’ble Court. Learned

          counsel has also stated that C.W.J.C. No. 66 of 2013 pertaining

          to similar reliefs, as claimed in the present writ petition, was
Patna High Court CWJC No.12087 of 2025(4) dt.20-01-2026
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          allowed by this Hon’ble Court and the said order was confirmed

          by a Division Bench in LPA No. 594 of 2016 vide order, dated

          14.07.2017, and thereafter the said order of the Division Bench

          was also challenged before the Hon’ble Supreme Court vide

          Special Leave to Appeal (C) No. 28334 of 2017 and the Hon’ble

          Supreme Court was also pleased to dismiss the Special Leave to

          Appeal vide order, dated 03.11.2017, therefore, learned counsel

          has prayed this Hon’ble Court to allow the present writ petition.

                      4. Moreover, it is stated by the counsel for the

          petitioner that the order passed by this Hon’ble Court in

          C.W.J.C. No. 19583 of 2015, dated 05.05.2023, was also

          complied by the authorities concerned as the full payment was

          made to the writ petitioner.

                      5. Learned counsel for the respondents while fairly

          conceding has not disputed the orders passed by this Hon’ble

          Court in the above referred case but has tried to distinguish the

          same.

                      6. A perusal of the order as well as prayer sought in

          the present writ petition shows that this Hon’ble Court under

          similar circumstances has allowed the writ petition filed by the

          petitioner therein. Therefore, the attempt of the counsel for the

          respondents to distinguish the same on facts is rejected as the
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          above judgment squarely covered to the present case.

                      7. Admittedly, in the present case also the petitioner

          was selected for the purpose of supplying of food grains and

          other general articles and the rate which was earlier fixed by the

          District Jail Purchase Committee was approved by the District

          Magistrate, Nalanda, but, after the articles were supplied and the

          rate fixed by the District Jail Purchase Committee, the Central

          Purchase Committee has unilaterally reduced the rate fixed. This

          Court in a catena of cases under similar circumstances has

          passed the following order :

                                                       “A bare perusal of the statutory
                                          provisions underlying Rule 24 read
                                          alongside Rule 1051 of the Jail Manual,
                                          would manifest that no appellate jurisdiction
                                          is vested in the Central Purchase Committee
                                          to preside over the rate recommended by the
                                          District Jail Purchase Committee. In fact the
                                          area is clearly demarcated and whereas the
                                          Central Purchase Committee is required to
                                          give a wholesome consideration to the
                                          requirements and the needs of the Jails
                                          established across the State and thus
                                          exercises jurisdiction where the purchases
                                          are to be made in large quantities, on the
                                          other hand, the District Jail Purchase
                                          Committees are constituted in each district
                                          and are presided by the District Magistrate.
                                          These Committees are looking into the
                                          individual needs and interests of the jail
                                          situated within the district. The area of
                                          operation of the two Committee is clearly
                                          demarcated and in the circumstances it is
                                          clearly established that the Central Purchase
                                          Committee has exceeded its jurisdiction to
                                          sit in appeal over the rates so recommended
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                                          by the respective District Jail Purchase
                                          Committee in the present batch of cases.
                                                       Another infirmity which is
                                          eloquent from a very look of the tender
                                          notice is that it is first of its kind where the
                                          tenderers are required to make supplies
                                          without any agreement on the rates. In fact
                                          the tender on record of these batch of writ
                                          petitions reflect that the willing tenderers
                                          were only applicants for the supplies and the
                                          rates for such supplies was to be determined
                                          by the District Jail Purchase Committee who
                                          had to consider the fixation in the backdrop
                                          of the rates prevalent in the markets. Rule
                                          1051 of the Jail Manual manifests that such
                                          Committee is to be presided by the District
                                          Magistrate and Rule 1051 (v) further
                                          provides that the current prices is to be
                                          ascertained by the Committee by making
                                          enquires.
                                                       In a similar manner Rule 24
                                          requires a Central Purchase Committee to
                                          take a decision in this regard and Sub Rule
                                          (6) thereof vests jurisdiction in the Inspector
                                          General to sanction a higher rate then
                                          recommended by the Purchase Committee.
                                          This singular provision by itself is supportive
                                          of the fact that a rate recommended by the
                                          District Jail Purchase Committee is not to be
                                          interfered with in a light manner unless the
                                          Inspector General of Prisons is of the
                                          opinion to sanction a higher rate. In the
                                          present case it is absolutely the converse and
                                          the rates as recommended by the respective
                                          District Jail Purchase Committee has been
                                          interfered with by the Central Purchase
                                          Committee to reduce the same. The period of
                                          supply is over and the petitioners have made
                                          their supplies under the legitimate
                                          expectation of the rates recommended by the
                                          District Jail Purchase Committee. In my
                                          opinion once the District Jail Purchase
                                          Committee has approved and recommended
                                          the rates offered by the petitioners by
                                          following the procedure provided under Rule
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                                          1051(v) and it is upon such approval that the
                                          supplies were made by the petitioners then
                                          the same cannot be reversed unilaterally,
                                          midway in the contract and without the
                                          consent of the contracting party i.e the
                                          petitioners herein. The respondents are
                                          estopped from interfering with the rates so
                                          recommended by the District Jail Purchase
                                          Committee in view of the statutory
                                          prescriptions as well as on the principles of
                                          legitimate expectation and promissory
                                          estoppel. In so far as the District of Saharsa
                                          and Nawada is concerned, the illegality is
                                          further perpetuated when the respondents
                                          have gone ahead to recover the differential
                                          amount. Apart from the fact that the Central
                                          Purchase Committee though presided by the
                                          Inspector General of Prisons has no
                                          jurisdiction to reverse the rate recommended
                                          by the District Jail Purchase Committee even
                                          otherwise, once the petitioners have made
                                          their supplies at a rate recommended by the
                                          District Jail Purchase Committee then the
                                          rate can not be interfered in the midst of the
                                          contract to the prejudice of a contracting
                                          party.”
                      8. The above said judgment has been affirmed by the

          Hon’ble Division Bench holding as under :

                                                      “In the matter of purchase made
                                          to the jail in question, based on the
                                          recommendations of the District Jail
                                          Purchase Committee as approved by the
                                          Inspector General of Prison, the subsequent
                                          action taken by the Central Purchase
                                          Committee has been examined by the
                                          learned Writ Court in the backdrop of the
                                          rules contained under the Jail Manual and it
                                          has been found that once the petitioners had
                                          supplied the materials based on the
                                          recommendations and the price fixed by the
                                          District Jail Purchase Committee approved
                                          by the Inspector General of Prison, the
                                          Central Purchase Committee has no
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                                                    jurisdiction to sit over the matter and
                                                    reconsider the issue.
                                                                After going through the statutory
                                                    provisions in detail and discussing the issue
                                                    involved, we find that learned Writ Court has
                                                    decided the issue in accordance with law,
                                                    which does not warrant any consideration.”
                                9. Having regard to the above laid legal proposition,

                    the writ petition stands allowed. The impugned order is set

                    aside. The Jail Superintendent, District Jail, Biharsharif,

                    Nalanda respondent no. 6, is directed to make payment of the

                    balance differential amount for supply made in the financial

                    year 2012-13 to the petitioner as per the rate recommended by

                    the District Jail Purchase Committee, after adjusting the amount

                    already paid to the petitioner. The Inspector General, Jail, Bihar,

                    Patna, is directed to release the fund for the said purpose. The

                    above exercise shall be complied within eight weeks from the

                    date of receipt/communication of this order.



                                            (A. Abhishek Reddy, J)
Ayush/-

U


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