ANIL KUMAR GROVER Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ petition, the petitioner is assailing the action of the respondents in not issuing the tender documents as per Orders (P-5), dated 11-5-2002 and (P-6), 26-4-2002. Petitioner preferred appeals that have also been disallowed as per order (P-9), dated 14-6-2002 and (P-16), dated 16-8-2002 passed by respondent No. 2.

(2.) PETITIONER submits that petitioner is a reputed engineer and a recognized contractor in the field of construction. He is registered with the Public Works Department of Govt. of M. P. as a contractor of A-5 class which is of super special class (hereinafter referred to as "ss") that is the one which is of unlimited monetary limit. Petitioner submits that he has successfully executed a number of big works and is, therefore, equated with construction legends like M/s. Larson and Tubro Ltd. , M/s. Ircon International Ltd. and M/s. Simco Birla Ltd. , etc.

(3.) IN the month of January, 2002, the respondent No. 3 Chief Engineer, Head Quarters, Jabalpur Zone, invited applications from eligible contractors enlisted with MES, PWD, CPWD, etc. for issue of tender forms in respect of two different works viz. , (i) Replacement/new Construction of Magazines (Phase II) at Ordnance Factory, Khamaria and (ii) Provision of 144 OR's OTM ACCN for 1 STC at Jabalpur. Notices are Annexures P-1, P/1-A and P-2. Petitioner being an eligible and registered contractor with PWD, submitted his application to respondent No. 3 for issue of tender form in respect of both the aforesaid works alongwith various documents viz. , the registration certificate, income tax clearance certificate, bankers solvency certificate, etc. After submitting the applications (P-3) and (P-4), petitioner was hopeful of issue of tender forms to him. However, the same have been denied to the petitioner without assigning any reason as per orders (P-5) and (P-6 ). Remedy of appeal was available to the petitioner. Petitioner preferred appeals; petitioner detailed his financial position, income tax clearance certificate, bankers solvency certificate, etc. However, the appeal for work of Replacement/new Construction of EDK Magazines (Phase II), O. E. , Khamaria has been dismissed as per order (P-9) passed by respondent No. 2/chief Engineer, Head Quarters, Central Command, Lucknow.