LAWS(DLH)-2007-4-250

HAPPY ELECTRICALS Vs. UNION OF INDIA

Decided On April 23, 2007
HAPPY ELECTRICALS Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) In this writ petition, the Office Memorandum issued by the Directorate General of Works, Central Public Works Department, CSQ Organisation, Contract and Manual Unit, Nirman Bhawan, New Delhi, is impugned. Ms. Salwan, who appears on behalf of the petitioner submits that in identical circumstances in the case of M/s Alcon Builders and Engineers Pvt. Ltd., which is a Class-I electrical contractor like the present petitioner, this Court had set aside a similar impugned order and directed the respondent to revalidate the enlistment of the petitioner.

(2.) She submits that the reason given in the Office Memorandum dated 27.07.2006 for non-grant of revalidation of enlistment as a Class-I electrical contractor is identical to the reason given in the case of M/s Alcon Builders and Engineers Pvt. Ltd. The said reason reads as under:-

(3.) The learned counsel for the respondent could not controvert the factual position. He, however, sought to justify the Office Memorandum on some other reasons as indicated in their counter-affidavit. However, it is well settled that an order, which is passed on certain reasons, would stand or fall on those very reasons and not any other reasons.