PRANAB KUMAR CHATTOPADHYAY, J. - (1.) This appeal has been preferred at the instance of the writ petitioner assailing the judgment and order dated March 3, 2010 passed by a learned Judge of this Court whereby and whereunder the said learned Judge dismissed the writ petition on merits. An application for stay has also been filed in connection with the said appeal.
(2.) We have heard the learned Counsel of the respective parties in connection with both the appeal and the connected Stay Application. The facts leading to the instant appeal are briefly narrated hereinafter: "The appellant/writ petitioner herein was engaged as handling and transport contractor by the Food Corporation of India for transportation of food grains etc. from Suri railway siding to FSD-Abdarpur and vice-versa on regular basis for two years in terms of Tender No. F/1(575)/Cont./2005 dated 3rd August, 2005. On certain allegations the appellant was debarred from participating in any tender enquiry of Food Corporation of India, West Bengal region in future by the order dated 24th September, 2007 issued by the General Manager, Food Corporation of India, West Bengal region and the said contract for the remaining period was also terminated with immediate effect pursuant to the aforesaid order."
(3.) The appellant preferred an appeal before the said General Manager, Food Corporation of India, West Bengal region for lifting the ban so that the appellant can participate in the tender enquiry of Food Corporation of India in West Bengal region in future. The said ban imposed upon the appellant was subsequently lifted by the order dated 18th March, 2009 subject to condition that the appellant should furnish surety bond of good conduct from two reputed persons. The appellant thereafter, submitted required bond but the same was not acceptable to the Food Corporation of India.;