M R V CONSTRUCTIONS Vs. UOI

JUDGEMENT

(1.) The petitioner firm was enlisted in the approved list of contractors of Commander Works Engineer (Project), Head Quarters, Military Engineer Services, Delhi Cantt-10, respondent No.2. The tender limit of the petitioner was upgraded from ?'F? class to ?E? class entitling the petitioner firm upto Rs.10 lakhs and giving a new index number E-39.

(2.) By order dated 16.11.2005 the petitioner firm was removed from the approved list of contractors to do the tender work in the department of MES and further ban has been imposed on him to do the work of the respondent no.2.

(3.) The petitioner has impugned the order dated 16.11.2005 on the ground that though a case under FIR No.250/99 is pending, however, Sh.Vinay Kumar Tomar, sole proprietor of petitioner firm has not been convicted. The other two cases, FIR No.280/2001 and 14/2003 are also pending and he has not been convicted. Regarding the fake vouchers in respect of certain purchases from the market, petitioner contended that it has remained controversial as no case has been lodged against the petitioner firm in that respect. The allegations according to the petitioner, of production of fake vouchers is fabricated, is not correct because the respondents did not return the goods. The order of removing the petitioner firm from the list of approved contractors has also been challenged on the ground that no terms of enlistment has been violated and the letter dated 16.11.2005 removing the petitioner from the approved list of contractors is contrary to the settled law and against the principles laid down by Hon'ble the Supreme Court of India that no one can be debarred from earning his livelihood.