Principles of Natural Justice – audi alteram partem – Breachof – U.P. State Warehousing Corporation issued e-tender inter aliafor unloading/loading of foodgrains/fertilizer bags from/into railwaywagons, trucks etc.; transporting from Railway Station toCorporation godowns or vice versa – Tender cancelled – e-tenderagain published in the same terms, for Vindhyachal (Mirzapur)region, it was regarding appointment of Handling and TransportContractor for food grain in FCI for four depots/centres of UttarPradesh for two years – Cancelled again – Another tender reissuedfor the same region – Respondent No.1 declared as successfulbidder for the Bhawanipur-I centre – Agreement entered intobetween the Corporation and Respondent No.1 for execution ofthe work under the tender – Complaints of financial irregularitiesin the issuance of the e-tender – Tender cancelled – Respondentno.1 filed Writ Petition – Allowed – On appeal, held: Prayer in theWrit Petition confined itself to the cancellation of the tender –However, impugned judgment went ahead and not only set asidesuch cancellation vide letter dtd. 26.07.19, but also set aside theManaging Director ’s report dtd. 14.06.19, and the SpecialSecretary’s order of 16.07.19, which required taking disciplinaryaction and recovery of financial loss from those responsible – Setaside to that extent – Further, entire proceedings leading tocancellation of the tender, together with the cancellation itself, weredone on an ex parte appraisal of the facts behind respondent no.1’sback – Natural justice is a flexible tool in the hands of the judiciaryto reach out in fit cases to remedy injustice – In the present case,respondent no.1 was completely in the dark so far as the cancellationof the tender is concerned, the audi alteram partem rule having beenbreached in its entirety – Impugned judgment upheld on this ground– Tenders – Maxims – Constitution of India – Arst.226, 14.Constitution of India – Art.226 – Writ petition – Maintainabilityof, for enforcing contractual obligation of the State/itsinstrumentality – Discussed.