PRADEEP KUMAR GUPTA Vs. WEST CENTRAL RAILWAY

JUDGEMENT

(1.) The present writ petition has been filed under Article 226 of the Constitution of India against the Letter of Acceptance, dated 19-02-2021 in favour of the respondent No.3, M/s Rail Transport Corporation of India, for contract of leasing of 23 round Trip VP HBJ-HNZM-HBJ Train 12155/56 (0215502156) HBJ-H-NZM-HBJ Bhopal Express for five years.

(2.) The facts of the case, in a nutshell, are that in response to the tender notice dated 14-12-2020 three bids were received, i.e. (i) H1- Harsh Transport Pvt. Ltd.; (ii) H2 - Pradeep Kumar Gupta (the present petitioner); and (iii) H3 - Rail Transport Corporation of India (respondent No.3). It is submitted that H1 has been rejected, since it had not furnished audited balance sheet for the Financial Year 2019- 20 and the bid of the petitioner was rejected since he was debarred by Muradabad and Sambalpur Division. In view of the aforesaid, a Letter of Acceptance (Annexure-P/1) was given to the respondent No.3, which was H3.

(3.) It is contended on behalf of the petitioner that he has been awarded two contracts vide Annexure P-8 and Annexure-P/9 from West Central Railway, Bhopal Division and from Delhi Division of Northern Railway respectively. These acceptance letters are dated 23-01-2020 (Annexure-P/8) and 01-06-2020 (Annexure-P/9) respectively. The same have been given to the petitioner after the date when the orders dated 19-6-2019 and 04-7-2017 were received from Sambalpur and Muradabad Division respectively, debarring the petitioner for a period of two years. The next plank of submission of the petitioner is that when in spite of these orders, Annexure-P/7 debarring the petitioner from participating in tender for two years, he has been permitted by the Bhopal Division of West Central Railway and Delhi Division awarding contract leasing of 4 tonnes of R/SLR and 3.9 tonnes in another train, vide Annexure-P/9, then there is no reason why he could not be considered for being allotted the the instant contract also.