ARCH EN DESIGN Vs. MUKESH AND ASSOCIATES

JUDGEMENT

(1.) Present petition has been filed under Article 226 of the Constitution of India, 1950 seeking quashing of the appointment letter of the respondent no.1/M/s Mukesh & Associates bearing no.Z-28016/72/2016-PMSYY-III dtd. 26/4/2023 (hereinafter referred to as "impugned letter") in respect of the Expression of Interest (hereinafter referred to as "EoI") bearing no. Z-28016/72/2016-PMSSY-III whereby the respondent no.2/Union of India (hereinafter referred to as "UoI") appointed respondent no.1 as the Project Management Consultant (hereinafter referred to as "PMC") for establishing All India Institute of Medical Sciences (hereinafter referred to as "AIIMS"), Madurai.

(2.) Facts in brief are as under:-

(3.) Ms. Madhavi Divan, learned senior counsel appearing for the petitioner submitted that the UoI had overlooked and ignored a serious flaw in the eligibility of respondent no.1 and awarded the PMC services to respondent no.1. In that, the respondent no.1 was referred in First Information Report (hereinafter referred to as "FIR") dtd. 6/8/2020 bearing no. RC2182020A0001 registered by the Central Bureau of Investigation (hereinafter referred to as "the CBI") under Sec. 120-B Indian Penal Code, 1860 read with Ss. 13(2) and Sec. 13(1)(d) of the Prevention of Corruption Act, 1988 on the complaint of Chief Vigilance Officer (hereinafter referred to as "CVO") of the Employees State Insurance Corporation (hereinafter referred to as "ESIC"). It is submitted by her that the then Director General (hereinafter referred to as "DG") of ESIC, namely Mr. P.C. Chaturvedi is alleged to have sanctioned 14 projects between the years 2007-2009 totalling to Rs.6255.39 Crores in violation of the Central Vigilance Commission hereinafter referred to as "CVC") guidelines and General Financial Rules (hereinafter referred to as "GFR"). Referring to the FIR, she submitted that it was specifically alleged that the Ex-DG did not have the powers under the Employees State Insurance Corporation Act, 1948 (hereinafter referred to as "ESIC Act") to sanction construction of medical colleges since his power of sanctioning capital works was limited to Rs.25.00 Crores only. Reading further, she pointed out that respondent no.1 was awarded 8 projects worth Rs.1528.00 Crores and that no transparency was observed while selecting a private architect consultant.