MITTAL PROCESSORS P LTD Vs. MCD

JUDGEMENT

(1.) Admit. With the consent of the learned Counsel for the parties, this writ petition is taken up for final hearing. This writ petition challenges the notice dated 25th April 2008 issued by the Municipal Corporation of Delhi, inviting tenders for supply of 7,90,736 meters of cloth for uniform of the school children for the year 2008-09. In respect of an earlier tender dated 23rd December, 2004 and pursuant to some investigations made by the CBI by its letter dated 13th March 2006, the following suggestions were made to the MCD which read as follows:

(2.) The sample of the cloth to be sent for testing should be clearly specified in consultation with the experts of BIS and the testing to be got done from will reputed, Government approved and NABL accredited laboratories.

(3.) Shri Jayant Bhushan, the learned Senior Counsel appearing for the petitioner submitted that this Court ought to issue notice and enquire from the respondents at least into the reasons which led to the exclusion of the first suggestion of the CBI for not incorporating the second suggestion of the CBI. It was urged that the respondent being a State could not act arbitrarily and discard he suggestions given by the CBI without recording reasons even though it may or may not be disclosed to the petitioner.