D. BISWAS Vs. BSNL

JUDGEMENT

(1.) Challenge in this petition under Article 226 of the Constitution of India is to the legality and propriety of the order dated 31.03.2016 (Annexure P-7) issued by Chief Engineer (E), Electrical Zone, whereby the application of the petitioner for revalidation has been rejected and further to the order dated 11.07.2017 (Annexure P-13), issued by Principal General Manager, whereby the appeal filed against the order of rejection was dismissed.

(2.) The facts giving rise to the present petition are that the petitioner was enlisted as contractor for BSNL for Electrical Works Class-II (E) category for tendering in the western region by order dated 26.10.2012 for a period of three years from 26.10.2012 to 25.10.2015, from the date of issue of memorandum (Annexure P-1). As per Clause-10 of the memorandum, the petitioner was required to renew the registration on expiry of three years by applying for revalidation at least six months prior to the date of expiry of enlistment. The petitioner applied for revalidation on 23.04.2015 vide Annexure P-2, enclosing the fees and two sets of documents as were required under the Enlistment Rules, 2012. A note to the bottom of this application shows that total 18 documents, consisting of 41 pages were received in the office of Executive Engineer (E) on 23.04.2015. This application was forwarded with due recommendation to respondent No.3 Chief Engineer (E), Bhopal for approval, who vide letter dated 28.09.2015 asked for some additional information. The petitioner resubmitted all the requisite documents, as was asked for, which were again forwarded by respondent No.5, Executive Engineer (E) to respondent No.3 Chief Engineer, Electric Zone on 03.10.2015. Thereafter, again some information was sought and the same was submitted by the petitioner and forwarded by respondent No.5, Executive Engineer (E) on 30.10.2015.

(3.) It is reflected from the record that a committee consisting of four members was thereafter constituted with Sr. Chief Engineer (E) as Chairman and Superintending Engineer (E), Chief Accounts Officer and Executive Engineer (E-P) as members. The Committee met on 11.01.2016 and decided that the Bank solvency of the petitioner be verified from the concerned Bank before approval of the enlistment. The report/confirmation letter from the Bank was received via e-mail on 15.01.2016 and the committee members after having verified and checked the solvency certificate of the petitioner, accorded approval for enlistment.