MAUR SERVICE STATION Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS order shall dispose of CWP Nos.4262, 4798, 4590, 4731, 4742 and 5205 of 2015 wherein the petitioners have invoked the writ jurisdiction of this Court claiming a writ of certiorari challenging the action of the respondent -Corporation in rejecting technical bid submitted by the petitioner for the transportation of petroleum products. Since the issues are common in all the six writ petitions, therefore, all the petitions are taken up and being decided together.

(2.) HOWEVER , for the facility of reference the facts are being taken from CWP No.4262 of 2015 wherein the challenge is to the order dated 31.12.2014 whereby a Tank Truck was blacklisted for a period of two years and also a communication dated 26.02.2015 whereby the tender submitted by the petitioner was rejected for the reason that one of the Tank Truck stands blacklisted on the ground that the petitioner has not disclosed the pending inquiry against it.

(3.) THE petitioner, an existing transport contractor of transportation of bulk petroleum products, was served with a show cause notice on 28.06.2014 that one Tank Truck No.PB -03R -8823 has taken excess load of High Speed Diesel (HSD) on 21.04.2014 and 22.04.2014 by tempering of Automation System of the Corporation. A complaint was sent to the Senior Superintendent of Police, Bathinda in respect of such tempering. A show cause notice was also served upon the petitioner on 28.06.2014. The petitioner submitted its reply on 12.07.2014 but the decision to blacklist the said Tank Truck was taken on 31.12.2014. Before the decision to blacklist the Tank Truck was taken, the respondents invited fresh tenders for the transportation of bulk products in November, 2014. The petitioner submitted its tender on 22.12.2014. The petitioner has not quoted the Tank Truck in question i.e. a blacklisted Tank Truck while submitting its tender as one of the truck available for performing the contract. It is, thereafter, technical bid of the petitioner was rejected on the ground that the petitioner has not disclosed the pending inquiry initiated in pursuance of the show cause notice while submitting tender.