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CWP No. 114 of 2017. Case: Sandeep Diwan Vs State of Himachal Pradesh and others. Himachal Pradesh High Court

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Case NumberCWP No. 114 of 2017
Party NameSandeep Diwan Vs State of Himachal Pradesh and others
CounselFor Appellant: Mr. Rajeshwar Thakur, Advocate and For Respondents: Mr. Virender K. Verma, Addl. AG with Mr. Rajat Chauhan, Law Officer
JudgesMr. Chander Bhusan Barowalia, J
IssueConstitution of India - Article 226
Judgement DateApril 17, 2017
CourtHimachal Pradesh High Court

Judgment:

Chander Bhusan Barowalia, Judge

  1. The present writ petition is maintained by the petitioner, under Article 226 of the Constitution of India for issuing following direction:

    "(i) That vide order dated 28.12.2016 (annexure P- 1), the petitioner was debarred by the respondents from taking part in any tendering process throughout the State of Himachal Pradesh, have dissolved and diluted his fundamental rights enshrined in Article 14 and 21 of the Constitution of India, hence the same is liable to be quashed and set aside.

  2. Briefly stating facts, as per the petitioner, giving rise to the present petition are that the petitioner is a Government Contractor, Grade-C and performing different Government works, such as construction of road, retaining walls etc. The work and conduct of the petitioner is always remained appreciated and there are no complaints against him by public or Government Department concerned. However, on the basis of some alleged misbehavior, vide letter dated 28th December, 2016, he was debarred from taking part in any Tender Process throughout the State of Himachal Pradesh, for a period of one year. The petitioner has been working since 2001 and at the instance of respondent No. 2 (Chief Engineer), who is not remotely connected with the issue, a letter was issued against the petitioner. It is alleged that the petitioner is being debarred from his legal and legitimate right of taking part in the tender process throughout the State of Himachal Pradesh without any plausible reason. Hence the present writ petition.

  3. Respondents No. 1 to 3 by filing reply to the writ petition have specifically averred therein that on 08.09.2016, in the office of Executive Engineer HPPWD Division, Chopal, the petitioner misbehaved and caused beatings to one Sh. Nitish Bhardwaj, Junior Engineer, on the basis of which, FIR/complaint under Section 353 and 332 of the Indian Penal Code was registered against him. A complaint was also made before the Engineer-in-chief, HPPWD, Shimla, which was sent to Superintending Engineer 14th Circle, HPPWD, Rohru. Therefore, inquiry in accordance with enlistment Rules was conducted by the Superintending Engineer 14th Circle, HPPWD, Rohru and report of the inquiry was submitted to Chief Engineer, HPPWD, South Zone. On recommendations of the designated committee, respondent No. 3 has passed office order, Annexure P-1, in accordance with Rules 23.1 & 2 of the Enlistment Rules and the petitioner was...

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