LAWS(DLH)-2013-11-9

ELGIN ELECTRONICS Vs. UNION OF INDIA

Decided On November 01, 2013
Elgin Electronics Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE petitioner before this Court is questioning dated 15.10.2013, passed by the Chief Engineer (E), CSQ, whereby he has reiterated his earlier order dated 19.07.2013, debarring the petitioner from participating in any tender in CPWD. A perusal of the OM dated 19.07.2013 would show that the petitioner had sought pre -qualification in a work of sound system in CPWD. It was claimed in the aforesaid OM dated 19.07.2013 that the petitioner had sought pre -qualification on the basis of false work experience certificates and, therefore, in terms of para 1.7 of Section II (Information and Instructions for Bidder) of CPWD Work Manual, the petitioner was liable to be debarred from tendering/taking up the work in CPWD.

(2.) W .P.(C) No 4967/2013 was filed, questioning the aforesaid OM dated 19.07.2013. The writ petition was disposed of on 26.09.2013 with the following directions:

(3.) IT would thus be seen that the order debarring the petitioner from further tendering is based on the allegations that two work experience certificates, one purporting to be issued by the Executive Engineer, Tawang, PW Division, Tawang and the other purporting to be issued by Gas Authority of India Limited were not genuine documents. The letter dated 31.05.2008, written by the Executive Engineer, Tawang, PW Division to the Executive Engineer (E), Vigyan Bhawan, Electrical Division, CPWD, to the extent it is relevant, reads as under: -