JAYANTA KUMAR BHATTACHARJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) WP (C) No. 3065/2009, WP (C) No. 1709/2010, WP (C) No. 4153/2010 and WP (C) No. 550/2011 have been filed by Jayanta Kumar Bhattacharjee and WP (C) No. 3302/2009 has been filed by M/S East India Enterprise, represented by its sole proprietor, Md. Abdul Goni. The petitioner, Jayanta Kumar Bhattacharjee is a Class 1 C Contractor with the Assam Agricultural University and is also registered as a Class III Contractor in Assam Public Works Department (Roads). He has executed contract works in the year 1995 relating to digging of trenches for laying of optical fibre cable with Government of India, Department of Tele-communication, which has since been re-organized as a Government of India Enterprise under the name and style of Bharat Sanchar Nigam Limited (BSNL). For the last 10 years, he could not participate in tenders for similar nature of works due to his personal problems.

(2.) The petitioner, Abdul Goni is a 1st Class A Contractor under the Government of India, N.F. Railway and has executed works under various Government departments including B.S.N.L. in respect of trench laying, jointing and termination of 6-Quad cable and provision of telephone connection, provision of OFC and 4-Quad cable involving trenching, laying, jointing and their termination etc.

(3.) On 25.5.2009, the Respondent No. 4 had issued a notice inviting tender on behalf of the BSNL from the contractors registered with BSNL/State PWD/CPWD and Railways having experience of trenching and laying of O.F. Cable in BSNL for last three years for digging of trenches for laying of PLV/OH Pipes at specified depth and reinstatement of the same after laying, jointing of the protection pipes and pulling of Optical Fibre Cable through the pipes for 1) Guwahati-Hajo-Rampur-Barpeta Town - Barpeta Road and 2) Barengapara-Mahendraganj OFC Schemes, for 18 and 13 sub-sections, respectively.