SPARROW SECURITY SERVICES Vs. DEPUTY GEN MANAGER, SBI

JUDGEMENT

(1.) Pursuant to agreement dated 01.05.2012, the petitioner has been providing ATM caretaker services to the respondent. The said agreement was for a period of two years extendable for further period of two years at the sole discretion of the respondent depending upon the performance of the services provider.

(2.) On the expiry of two years, period has been extended from time to time by short spells. Finally on 22.12.2015, petitioner has been informed by the respondent that in view of decision of the competent authority, the ATM caretaker services from the petitioner shall be withdrawn with effect from 31.12.2015. Without challenging the basic decision as taken by the competent authority, the petitioner has challenged a communication dated 22.12.2015.

(3.) In the petition, it has been projected by the petitioner that the respondent without tendering process is likely to engage the services of some other ATM care taker which intention is clear from the communication providing for withdrawal of his services with effect from 31.12.2015. Otherwise, it is not possible for the respondent to leave the ATMs without caretaker. One of the clauses of the agreement provides for extension of the term. Petitioner has to be allowed till a fresh ATM caretaker on proper competition is engaged.