LAWS(MPH)-2009-5-2

SUNITA HIMMATRAMKA Vs. NORTHERN COAL FIELDS LTD

Decided On May 15, 2009
SUNITA HIMMATRAMKA Appellant
V/S
NORTHERN COAL FIELDS LTD Respondents

JUDGEMENT

(1.) BY this writ petition, preferred under Article 226 of the constitution of India, the petitioner has prayed for issue of a writ of Certiorari for quashment of the notice dated 05. 08. 08, Annexure P/5, and the order dated 30. 03. 09, annexure P/12 and further to issue a writ of Mandamus commanding the respondents to deal with the tender submitted by the petitioner without debarring him from the same.

(2.) SANS unnecessary details, the facts which are requisite to be stated are that the petitioner is engaged in manufacturing of various spare parts and registered as a small Scale Industry with the National Small Scale industries Corporation. It is also registered with the District industrial Centre at Sidhi. It has an ancillary unit of M/s basant Enterprises which had come into existence in the year 2001.

(3.) AS pleaded, M/s Basant Enterprieses was served with a show cause notice as per Annexure P/5 dated 5. 8. 08 alleging that its representative namely Mr. Y. N. Sharma had come to the office of the Chief General Manager (Excavation)at Khadia Project after the scheduled date and time of submission of tender document. As the tender box was already sealed, Mr Sharma tored the seal of the said tender box and dropped the tender which was a gross misconduct. The show cause notice warranted the petitioner to explain whey he shall not be banned from doing business for a period of three years in view of the misconduct of its representative.