State's Total Dependence On Outsourcing Mode Even For Discharge Of Sovereign Functions Not A Healthy Practice: MP High Court

The Madhya Pradesh High Court recently observed that the State's total dependence upon the mode of outsourcing even for discharge of sovereign functions which is not a healthy practice. 

"It is unfortunate to know that the work of building basic infrastructure of e.g. roads is being outsourced by the State," the Court noted.

The Bench of Justice Sheel Nagu and Justice Deepak Kumar Agarwal observed thus while hearing a PIL relating to the dilapidated condition of a State Highway (from Tentra to Vijaypur to Dhobani road within District Sheopur) having link about 47 K.M.

The Court noted that repeated reports have been filed by the respondents including a reply which revealed that patchwork had been undertaken by the Corporation however, the Commission appointed by this Court gave an unsatisfactorily report which compelled the Corporation to again do the patchwork.

Further, the Court noted that regarding the construction of the roads on a permanent basis with the aid of the Central Government, the State invited tenders, but the compliance report filed by the State revealed that all the tenders received were rejected, therefore, fresh NIT would be issued in the near future.

To this, the Court remarked thus:

"It is unfortunate to know that the work of building basic infrastructure of e.g. roads is being outsourced by the State. This Court has experienced that the State is totally dependent upon the mode of outsourcing even for discharge of sovereign functions which is not a healthy practice."

Importantly, the Court opined that in case contractor refuses or fails to discharge his contractual obligations, the State functionaries should have at least an alternative arrangement in the shape of manpower, materials, and machines to take upon itself the discharge of sovereign function e.g. road building so that no road in the State at any point of time remains unmotorable.

"Discharge of sovereign functions e.g. construction and maintenance of roads cannot to left at the whims and fancies of a private individual/agency who/which is predominantly guided by monetary considerations rather than public interest. The State and its functionaries cannot remain silent spectators and must be ready to rise to the occasion to do the needful," the Court further added.

Lastly, the Court asked for the policy in this regard of the State, to be produced by the Chief Engineer, PWD, Gwalior on the next date of hearing.

Case title - Lalit Mohan Sharm v. The State of Madhya Pradesh and Others

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