Judgment:
W.P. 3047/2013 12.3.2013. Shri S.K.Rao, Sr. Advocate, with Shri Ajit Agarwal for the petitioner. Shri Sanjay Dwivedi, Govt. Adv. for respondents.
1. The petitioner has sought the following reliefs:
1. That this Hon'ble court may be pleased to issue suitable wirt/writs, order/orders in appropriate nature quashing the impugned blacklisting of petitioner company in Central Registration Cell w.e.f. 21/06/2012 (Annexure P/15).
2. That this Hon'ble court may be pleased to issue suitable order/directions to the respondents to remove name of petitioner company from Central Registration Cell and allow him to participate in future tender/bid processes.
3. Any other relief deemed fit by this Hon'ble Court in the facts and circumstances of the case may also kindly be awarded.
2. The case of the petitioner is that as per procedure of the State Government, there is provisions of E Central Registration of the Contractors and the petitioner company being a contractor was registered in the Centralised Registration Cell in the Office of Engineer in Chief, Madhya Pradesh Public Works Department (PWD).
3. The petitioner company was awarded a contract by the Municipal Corporation, Jabalpur in which there were some disputes with the Municipal Corporation, Jabalpur and the petitioner company was directed to be blacklisted even in Centralised Registration Cell.
4. The Municipal Corporation, Jabalpur had black listed the petitioner company and had sent information to the State Government and the State Government has reflected this blacklisting in Centralised Registration Cell, Bhopal. It is submitted that against the aforesaid action taken by the respondents, a representation was filed by the petitioner which was processed by the Public Works Department ( PWD) and reached before Hon'ble Minister of PWD who had found that the procedure adopted in the matter of petitioner's blacklisting was not correct. It was directed that the aforesaid blacklisting be cancelled, but till date no final decision has been taken by State Government in this regard. It is submitted by the petitioner that respondent no.1 may be directed to take a final decision in this matter. He has also referred the note sheet of the Secretary, Public Works Department dated 14.12.2012 and Note sheet of the Principal Secretary PWD dated 21st December 2012.
5. Shri Sanjay Dwivedi learned Government Advocate appearing for the State of Madhya Pradesh submits that the matter is still under consideration of the respondent No.1 , this petition is premature and the petitioner may be directed to approach the respondent No.1 for ventilation of his grievances.
6. After having heard both the parties, it appears that the matter is under consideration with the respondent No.1 the matter deserves to be decided at an earlier date so we dispose of this petition finally with the following directions:
1. The respondent No.1 shall take a final decision in the matter expeditiously as far as possible within a period of three weeks' from the date of communication of this order in respect of removal of the name of the petitioner company as blacklisted in the Centralised Registration Cell .
2. The decision of the respondent No.1 shall be communicated to the petitioners forthwith by RAD. It is made clear that this Court has not expressed any opinion on the merit of the case and the respondent no.1 shall be free to take a final decision in accordance with law. There shall be no orders as to costs. Certified copy as per rules. (Krishn Kumar Lahoti) (M.A. Siddiqui) JUDGE JUDGE Ag