ANIL KUMAR GROVER Vs. UNION OF INDIA

JUDGEMENT

(1.) INVOKING the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India the petitioner has prayed for issue of a writ of certiorari for quashment of order dated 5-10-2001, Annexure P-5, passed by the Executive Engineer Civil Construction Unit Ministry of Environment and Forest, the respondent No. 4, and further to command the respondents to permit the petitioner to participate in the tender proceeding relating to public notice dated 30-9-2001, Annexure P-6, published in newspaper. In addition to the aforesaid prayer reliefs have been sought directing the respondents not to discriminate or victimize the petitioner and to grant such other reliefs as may be deemed fit and proper in the facts and circumstances of the case.

(2.) SANS unnecessary details the facts as have been depicted in the writ petition are that the petitioner is a reputed Engineer and a recognised contractor. He is registered with the Public Works Department as a Contractor of Super Special Class (SS ). In the year 1994-95 the petitioner was awarded three separate contract works for construction of certain residential quarters and a Institute Building for the Tropical Forest Research Institute at Jabalpur. He started the work as per the schedule but due to various reasons beyond his control the work could not be completed within the stipulated time. The respondents being dissatisfied with the progress of work required the petitioner to show cause why he should not be debarred from future tender on account of the slow progress of the works executed by him at Jabalpur. On receipt of the notice to show-cause the petitioner submitted his explanation and thereafter the respondents did not take any action against him. The petitioner successfully completed all the works awarded to him and certificate of successful completion of works were issued in favour of the petitioner as per Annexures P-4-A and P-4-B. When the matter stood thus, suddenly by order dated 5-10-2001 the petitioner was debarred from entering into any future contract with the construction unit of the Ministry of Environment and Forest. The reason mentioned in the aforesaid order is that the petitioner had delayed in carrying out the work awarded to him in the year 1996.

(3.) IT is averred in the writ petition that no opportunity of hearing was granted to the petitioner. It is also note worthy to state that the tender notice has been published in 'nav Bharat' Newspaper on 30-9-2001 for construction of certain buildings for Zoological Survey of India at Jabalpur. But the petitioner has been debarred from participating in view of the order contained in Annexure P-5. The Petitioner has pleaded about his ability in this petition in which I need not state in detail. It is urged that the action of the respondent is illegal and unjustified as he has been debarred from purchasing the tender papers and participating in the tender without any justification.