Court No. - 29
Case :- WRIT - C No. - 2307 of 2019 Petitioner :- M/S Diamond Road Line Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Prabhakar Awasthi Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Prabhakar Awasthi, learned counsel for the petitioner and learned Standing counsel for respondents no. 1 to 5.
The grievance of the petitioner is that his tender has been rejected without assigning any reason and that of respondents no. 6 and 7 have been accepted on 27.12.2018 even though an enquiry was pending against them and without getting it completed.
At this stage, the order accepting the tenders of respondents no. 6 and 7 has not been placed before us and therefore it is difficult to comment on the correctness of the same.
As far as the rejection of the tender of the petitioner is concerned, that has been done on the basis of the recommendation made by the Committee constituted for examining the complaint which were received against the petitioner. The order dated 24.12.2018 clearly states that according to the Committee constituted, the petitioner failed to fulfil the requisite conditions of the Government Order and as such his tender can not be accepted.
The aforesaid order is simply a communication and no resolution or details on which the recommendation for rejecting the tender of the petitioner was made have been produced before us.
In view of the aforesaid facts and circumstances, we are of the opinion that the writ petition of the petitioner at this stage is premature.
Accordingly, the petition is disposed of at this stage with the direction to respondent no. 2 to provide the necessary material on the basis of which the tender of the petitioner was rejected, to the petitioner, if it is so demanded by him.
The petitioner may also inform of the out come of the enquiry which was said to have been conducted against respondents no. 6 and 7 expeditiously, if possible within a month.
The petition is dismissed with the above observation.
Order Date :- 29.1.2019 SKS