Oscar Security And Fire Service v. The Chairman, The Punjab State Board Of Technical Education And Industrial And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 247 of 2018 Decided on : 08.05.2018 Oscar Security & Fire Service . . . Petitioner

Versus

The Chairman, The Punjab State Board of Technical Education and Industrial Training, Chandigarh and another . . . Respondents CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA PRESENT: Mr. Arun Kumar, Advocate for the petitioner.

Mr. Kanwardeep, Advocate for Mr. Rajeev Kwatra, Advocate for respondent No.2.

**** AJAY KUMAR MITTAL, ACJ In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of Certiorari, for setting aside the illegal action of respondent No.1 for admitting the financial bid to respondent No.2 against the terms & conditions of the Tender No. PSBTE&IT/2017/4, issued on 11.10.2017, for supply of Manpower of skilled/unskilled workers.

2.

Learned counsel for the petitioner has submitted that for the relief claimed in the writ petition, the petitioner had moved a representation dated 02.11.2017 (Annexure P-3) to the respondents, but no action has so far been taken thereon. He, however, prayed that liberty be granted to the petitioner to file a detailed and comprehensive representation before the appropriate authority by incorporating the grievance as raised in the present writ petition and direction be Jawala Ram 2018.05.10 13:53 I attest to the accuracy and authenticity of this document Chandigarh

CWP No. 247 of 2018 - 2 - issued to the authority concerned to decide the representation expeditiously in a time bound manner in accordance with law.

3.

After hearing learned counsel for the parties, perusing the present petition and without expressing any opinion on the merits of the controversy, we dispose of the present petition by granting liberty to the petitioner to file a detailed and comprehensive representation raising all the pleas as raised in the present writ petition before the appropriate authority. It is directed that in the event of a representation being filed by the petitioner within a period of one week from the date of receipt of the certified copy of the order, the same shall be decided in accordance with law by passing a speaking order and after affording an opportunity of hearing to the petitioner as well as respondent No.2 within a period of two weeks from the date of receipt of the representation. The petitioner shall be entitled to lead any evidence to substantiate his claim before the concerned authority.

(AJAY KUMAR MITTAL) ACTING CHIEF JUSTICE (TEJINDER SINGH DHINDSA) JUDGE May 08, 2018 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jawala Ram 2018.05.10 13:53 I attest to the accuracy and authenticity of this document Chandigarh