Ranjit Singh Sarkaria, J. - (1.) HAVING been initially approved as C Class Contractor, the Petitioner was upgraded as Class B Contractor on 31.12.2007. The Petitioner had been supplying bread to various Army Units at Amritsar without any complaint. As per the averments made in the writ petition, the trouble started when one Lieutenant Colonel R.R. Tewari took over as Commanding Officer, Supply Depot, Amritsar. As per the allegation, said officer started harassing the Petitioner by pressuring him to pay commission. The Petitioner accordingly filed various complaints to the immediate superior of the officer highlighting the misdeed on the part of the officer. The Petitioner complains that no proper action was taken on all such complaints, except that the Petitioner was called on 8.8.2008 by one Colonel K.R. Singh, Commanding Officer, 10 Dogra Regiment. As per the Petitioner, Col. K.R. Singh only had informal discussion with him and did not grant him any opportunity to substantiate the allegation. Col. K.R. Singh appears to have submitted a report accordingly. This complaint invited the wrath of Respondent No. 5, who did not allow him to take part in the contract process for the year 2009 -2010. The Petitioner served a legal notice on D.D.S.T. 11 Corps. in this regard but instead the Petitioner was served a show cause notice for his removal from the approved list of contractors on the ground that he had initiated false and baseless allegations against Respondent No. 5. After considering the reply filed by the Petitioner, he was removed from the approved list of contractors on 8.7.2009 and thereafter has not been allowed to participate in the tendering process.
(2.) THE Petitioner had filed an earlier writ petition, which was disposed of with a direction to Respondent No. 3 to look into the objections of the Petitioner and pass a speaking order. The Petitioner has, therefore, challenged the order, removing him and the order rejecting the appeal filed by him against said order. The primary and sole ground to challenge the impugned order is that filing of a false and frivolous complaint is not one of the grounds, which can be invoked to remove a contractor from the approved list of contractors. It is noticed that the show cause notice was issued to the Petitioner in terms of Para 19(c)(ii) of the Government of India, Ministry of Defence, letter No.PC/RAKSHA/63060/Q/ST -5/3633/D(QS), dated 26.9.2006. This letter clearly provides that Major General Army Service Corps ('MGASC' for short) at Command Head Quarter is competent to include the name of the firm in the list of approved contractors maintained by him. The same officer is also competent to order the removal of the firm from the list of approved contractors. The contractor so removed has a right to file appeal. It is in exercise of these powers that the impugned order has been passed.
(3.) THE Petitioner would mainly rely upon the contents of Para 19(c) of the Government of India letter dated 26.9.2006. As per the Petitioner, his name could be removed from the approved list of contractors on the grounds as given in paragraph 19(c) of the letter of the Government of India. Accordingly, the Petitioner claims that he could be removed on account of poor performance or if he had impeded, retarded or delayed or vitiated in any manner by his any unreasonable or baseless act of omission or commission in the process of concluding the contract or operating of a contract, besides other grounds as given in this para. The counsel submits that none of the grounds, as contained in Para 19(c) could be urged to remove his name from the list of approved contractors.;