VIJAY POWER GENERATORS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) VIDE application dated 25.8.2010, the petitioner applied to the Chief Engineer, HQ, MES seeking enlistment in MES as a contractor in class B. Vide letter dated 8.9.2010, the respondents requested the Deputy Commissioner of Police, Special Branch to verify the character and antecedents of the Directors of the petitioner. Vide communication dated 20.9.2010, the respondents sought clarification from the petitioner in respect of certain deficiencies noticed in its application. One of the deficiencies found was that the enlistment was sought in ,,B" class and Low Tension Electric Works upto 1100 volts and high tension electric works excluding 33 kva categories but the T&P commensurate to the categories had not been submitted on affidavit. Vide communication dated 10.11.2010, the petitioner submitted certain documents, pursuant to the communication which it had received from the respondents on 20.9.2010. Vide letter dated 21.12.2010, the petitioner requested respondents to consider its enlistment application for Class ,,C instead of Class ,,B, on the ground that it had not done single work of Rs.1.50 crore, which was the requirement for enlistment in category ,,B. Vide letter dated 13.2.2011, the petitioner informed the respondent that since they were not found eligible for Class B, they written a letter seeking enlistment in Class C instead of Class B.

(2.) VIDE letter dated 7.3.2011, the respondents informed the petitioner as under:

(3.) A perusal of the communication dated 7.3.2011 would show that the application of the petitioner seeking enlistment as contractor with MES was rejected on the ground that he had not submitted complete documents before the last date of enlistment i.e. 31.01.2011 since the documents required for category of high tension had not been submitted and police verification report was received only on 31.01.2011, which was the last date for submission of documents to Headquarter, CEWC Chandimandir for registration. It would thus be seen that 31.01.2011 was the last date of submission of documents to Headquarters, CEWC, Chandimandir and not for the purpose of enlistment itself. Admittedly, the police verification had been received by the respondents on 31.01.2011. As regards, the documents required for high tension category, the same were not required in view of the request made by the petitioner vide letter dated 21.12.2010 seeking enlistment in category C. Therefore, it is evident that it was quite possible for the respondent to send the application of the petitioner to Chief Engineer, Headquarter, CEWC, Chandimandir on 31.01.2011 which was the last date stipulated for this purpose. It appears that the respondents did not apply mind to the fact that the petitioner had vide letter dated 25.8.2010 sought enlistment in category C instead of initial request for enlistment in category B and that is why its application was not processed for enlistment in class ,,C.