AMAR DETECTIVES AND CONSULTANCY Vs. UOI

JUDGEMENT

(1.) This writ petition has been filed for a mandamus restraining the respondent No. 2, IIT Delhi from implementing the contract awarded to respondent No. 3 the M/s Security Intelligence Services, New Delhi for providing trained security guards for protecting the premises and property of respondent No. 2. Petitioner has prayed for a mandamus directing the respondent No. 2 to award the said contract to the petitioner having offered the lowest tender.

(2.) Petitioner has alleged that it is a professional security agency and is run and managed by Ex-servicemen. It is alleged in paragraph 2 of the petition that the Ministry of Defence issued a circular dated 4.2.1994 vide annexure P1 to the writ petition by which it was requested that all public sector undertakings, autonomous bodies and all other organizations/establishments under the administrative control of the Ministries should approach the DGR for sponsoring Ex-servicemen's Security Agencies on its panel without engaging security agencies on contract through open tenders.

(3.) It is alleged in paragraph 7 of the writ petition that in May, 2004 a notice inviting tenders was issued for award of fresh security contract instead of approaching the DGR to sponsor Ex-servicemen Security Agencies on its panel. A true copy of the Notice Inviting Tender issued by respondent No. 2 is annexure P4 to the writ petition. It is alleged that this notice is contrary to the aforesaid Government of India's directive order dated 4.2.1994.