UNION OF INDIA Vs. ANIL KUMAR GROVER

JUDGEMENT

(1.) BEING aggrieved by the order dated 19-9-2002 passed by the learned Single Judge in Writ Petition No. 3391/2002, the appellants have filed this appeal under Clause 10 of Letters Patent.

(2.) THE brief resume of the facts required to be stated for disposal of this appeal is as follows :-The respondent claims to be a reputed and recognized contractor in the field of construction besides being accredited with the skilful construction of monolithic structures. He has successfully executed a number of big works. It is put forth that he is equated with construction companies like M/s. Larsen and Toubro Ltd. , M/s. Ircon International Ltd. and M/s. Simco Birla, Ltd. etc.

(3.) IN the month of January, 2002, the appellant No. 3 through public notice invited applications from eligible contractors enlisted with MES, PWD and CPWD etc. for issue of tender forms in respect of two different works, viz. , (1) Replacement/new construction of EDK Magazines (Phase II) at Ordnance Factory, Khamaria and (2) Provision of 144 ORs OTM ACCN for 1 STC at Jabalpur. The aforesaid notices have been brought on record as Annexure P-1, Annexure P-1a and Annexure P-2. The respondent being an eligible engineer and registered contractor with the P. W. D. submitted an application to appellant No. 3 well within time for issue of tender forms in respect of both the aforesaid works. He also submitted various documents including the registration certificate, income tax clearance certificate and Banker's solvency certificate etc. before the appellant No. 3. The respondent was hopeful for issue of tender forms to him. But, the appellant No. 3 though issued tender forms to relatively inferior contractors as compared to the respondent, denied the same to him on totally flimsy grounds. Copies of the rejection orders in respect of issue of tender forms have been filed as An-nexures P-5 and P-6.