QUALITY TRADERS Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India the Petitioners' Firm, who is engaged in supply of meat groups items to the Military Stations seeks issuance of a writ in the nature of certiorari, for quashing of the order dated 21-4-2003, contained in Annexure-1, whereby the name of the petitioner-firm has been removed from the approved list of ASC contractors and also prayed for a writ or direction in the'nature of mandamus to the opposite parties not to treat the petitioner firm as an un-registered ASC firm.

(2.) M/s. Quality Traders has questioned the correctness and validity of. the order dated 21-4-2003 passed by the Major General, MG ASC by means of which the name of the petitioner firm has been removed from the approved list of Army Supply Corps Contractors primarily on the ground that the impugned order has been passed in blatant disregard of the principles of natural justice; the procedure as prescribed under Regulation 26 was not followed before removing the petitioner and the decision to remove the name of the petitioner firm had already been taken and implemented prior to issuance of show cause notice as on 9-1-2003 and 4-2-2003 when the petitioner firm was found to be lowest tenderer, it was not awarded the contract. In addition to above, the petitioner firm was not allowed to participate in re-tendering process in respect of the Lucknow, Gwalior and Meerut stations which the petitioner Firm was the lowest tenderer.

(3.) According to the learned Counsel for the petitioner the impugned order dated 21 -4-2003 is against the principles of natural justice, as the decision was taken prior to issuance of show cause notice and the procedure as prescribed under Regulation 26 was not followed before removing the petitioner. The fact that authorities were predetermined to remove the petitioner from the list of approved ASC contractors and the issuance of show cause notice dated 26-3-2003 was sham, is proved from the averments made in the short counter affidavit filed on 17-4-2003 by an Officer of Central Command in writ petition No. 1941 (MB) of 2003 (M/s. Quality Traders v. Union of India and others) wherein it has been mentioned