KISHANSINGH CHOUHAN SECURITY AGENCY Vs. UNION OF INDIA

JUDGEMENT

(1.) The present proceedings consists of main writ petition as well as two Civil Applications which are filed by the petitioner, are taken up for consideration finally upon a specific request of both the learned advocates and hence, the Court has opened up the hearing.

(2.) The main writ petition is filed under Article 226 of the Constitution of India, inter alia praying for the following reliefs :-

(3.) The case of the original petitioner is that the petitioner is a sole proprietorship concern of Mr. Kishan Singh Chouhan, an Ex-Army Man who retired from Indian Air Force as a Wing Commander. The petitioner applied for empanelment with the DGR i.e. The Director General of Resettlement after retirement from service. An application/request of the petitioner came to be accepted and was empanelled with security agency with effect from 04.12.2018. The Central Government, Ministry of Defence formulated a policy, whereby Public Sector Undertakings or the State owned establishments were encouraged to engage the security agencies sponsored by respondent no. 1 i.e. the Director General of Resettlement. The Ex-servicemen who are interested in providing the security services are empanelled. By virtue of Office Memorandum dated 09.07.2012, guidelines have been framed for functioning of the DGR empanelled Ex-servicemen for security service, which is attached to the petition compilation at Annexure-A and on the basis of such guideline, a contract have been awarded on 02.01.2019 for a period of two years i.e. with effect from the commencement of the contract. Later on, during the passage of time, respondent no. 1 authority served a show cause notice dated 25.08.2020 inter alia seeking explanation from the petitioner as to why action under the provisions of para 26 of Office Memorandum dated 09.07.2012 may not be taken against the petitioner, which show cause notice came to be replied on 31.08.2020, and hearing whereof was given to the petitioner and then after the submission of further reply, along with necessary documents, on 10.09.2020, a request was made to consider the case of the petitioner, but according to the petitioner, respondent no. 1 was pleased to pass an order on 11.09.2020, whereby the security agency of the petitioner is disempanelled from the active list of DGCR Empanaled Security Agencies under para 26(b) of the Office Memorandum as stated above. It is this order, which is made the subject matter of present petition under Article 226 of the Constitution of India.