AJAY KRISHNA Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER has sought following reliefs in this petition :

(2.) PETITIONER is a proprietor of M/s. Krishna Construction and is registered as Class III (c) category of contractor of Central Public Works Department (hereinafter referred to as 'cpwd' ). In this regard, respondent No. 4 has issued an office order (Annexure P-1), dated 14-10-2003 showing aforesaid enlistment of petitioner in Class III (Civil) category contractor. Para 2 of the order provides that he shall be eligible to submit tenders up to the limit of Rs. 40 lacs to Central Zone for the works falling within State of M. P. and Chhattisgarh. This enlistment is valid for the period of five years from the date of issuance of the order. Para 3 (a) and (b) provides that petitioner shall be required to deposit earnest money with each tender as per terms and conditions of the tender/agreement. Security deposit will be recovered from his bills in accordance with the rules in force from time to time. CPWD has issued a Works Manual in the year 2003 compiling various orders issued by the department. Para 16. 5. 1 of the Manual prescribes a pre-qualification of contractors which is applicable in the contracts of more than Rs. two crorcs or Rs. five crores as the case may be.

(3.) PARA 17. 10 provides procedure for issuing tender documents to non-registered contractors. Para 17. 10 (a) specifically provides that for works costing upto Rs. two crores, tender shall be issued only to CPWD contractors with effect from 1-1-2003. Para 17. 10 (b) provides that for works costing over Rs. two crores and upto Rs. five crores, tender shall be issued to all contractors who have satisfactorily executed three similar works. In Para 5. 7 of the petition, it is stated by the petitioner that petitioner has undertaken civil works as building construction, transportation of construction material, laying of pipelines, repairs and maintenance of civil construction for CPWD since the last more than 10 years. There is no complaint against petitioner or his work. It is also stated that the petitioner has never committed any default on financial side or on the construction side. Petitioner completed the works undertaken by him within time limit prescribed with the satisfaction of the respondents without any complaint.