N C KAPOOR Vs. UNION OF INDIA

JUDGEMENT

(1.) . In this Writ Petition the Petitioner who is a Civil Contractor registered in Class III (B&R) with the C.P.W.D. (Central Public Works Department) has sought the quashing of Office Order No. 160/2001 dated 27.2.2001 and Show Cause Notice No. C-14/3068-III(B&R)/NDZ.III/960 dated 13.11.2000 and all other notings remarks and other actions based thereupon. The Petitioner has also sought a direction in the nature of Mandamus directing the respondents to permit the petitioner to revalidate the enlistment of the petitioner with the CPWD for a further period of five years from 1.4.2001 and to permit him to participate in future tenders. By the impugned Office Order dated 27.2.2001 the Petitioner's enlistment has been withdrawn for two years by the Respondents with immediate effect. It is the Petitioner's contention that this Office Order is arbitrary and has been passed without a proper application of mind to the materials on record.

(2.) . Learned Counsel for the Petitioner submitted that the previous order of revalidation of enlistment of the Petitioner as a Contractor in Category III (B&R) was issued on 26.9.1995 and that the same was for five years and was expiring on 30.9.2000. Accordingly, the Petitioner made an application for revalidation on 31.8.2000 and that the Petitioner fulfilled all the criteria necessary for the revalidation as prescribed in the appropriate rules of enlistment in the CPWD. After having applied for revalidation, as the Petitioner had not heard anything from the Respondents, he sent a letter dated 22.9.2000 wherein he reiterated his request for renewal of his registration before the expiry of his existing enlistment i.e. before 30.9.2000. Then again on 29.9.2000 the Petitioner addressed a letter to the Chief Engineer NDZ III CPWD Seva Bhawan, R.K. Puram, New Delhi reiterating his request for revalidation which was pending since 31.8.2000. On this letter there is a noting by Mr. D.R. Parihar, Finance Officer NDZ III, CPWD, R.K. Puram, New Delhi to the following effect:-

(3.) . On 14.12.2000 an Office Order No. 85/2000 was issued by the said Mr. D.R. Parihar to the effect that the application for revalidation of the Petitioner was under consideration and that in the meantime it had been decided to extend his enlistment up to 31.3.2001 only, and accordingly tenders could be issued to the Petitioner on the basis of his existing enlistment up to 31.3.2001.