Hon'ble Attau Rahman Masoodi,J.
The petitioner has come up praying for a mandamus that the opposite parties be commanded to extend the benefit of supply orders for supply of PVC pipes to the Jal Nigam pursuant to the E tender dated 20.05.2014 and not treat the petitioner to be ineligible on account of his black listing order dated 22.10.2014.
It appears that the petitioner was black-listed by the Director of Industries way back in the year 1997 which order came to be challenged and the writ petition filed by the petitioner was allowed. The Director of Industry assailed the said order of the High Court before the Apex Court but the S.L.P was dismissed and consequently a fresh order was to be passed. It is in that connection that the order dated 22.10.2014 was passed black listing the petitioner again. The petitioner has unsuccessfully assailed the said order in W.P.No.5347(M/B) of 2015 and no interim order has been passed till date. The position, therefore, that stands conceded is that there is a blacklisting order against the petitioner.
The only dispute now remains is as to whether the petitioner can be permitted to resume any such supply orders under a government contract even if he has been black-listed.
We had called upon the learned counsel for the respondent-Jal Nigam, Sri I.P.Singh to obtain instructions in the matter and he has produced the Government Order dated 26.02.2007 where clause-2 thereof clearly prohibits the participation of any contractor if he has been black-listed by any department of the State Government.
Apart from this the general conditions of award of contracts of the Public Works Department also requires the circulation of such information of black listing in order to ensure that a black listed contractor is not awarded any contract. The internal regulations of the Jal Nigam framed as guidelines for suppliers and manufacturers have also been produced to indicate that if a contractor has been black listed either by the Nigam or any other Engineering Organisation of the State of U.P. in that event the supplier cannot claim an award of contract.
Having considered the aforesaid submissions raised and having perused the government order refer to here above the relief as prayed for by the petitioner cannot be granted.
The petition, therefore, lacks merit and is accordingly dismissed.
Order Date :- 8.1.2016 Shahnaz