1 2025:CGHC:10239 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1166 of 2025 1 M/s Dinesh Engineers Limited Through Authorized Representative Gaurav Sharma (Avp-Bd And Scm) Having Their Registered Office At Neighbourhood Shopping Complex, Section-4, Nerul (W), Navi Mumbai, Maharashtra - 400706 ... Petitioner(s) versus 1 The Chief Executive Officer (Ceo) Chhattisgarh Infotech Promition Society (Chips), Sdc Building, Civil Lines, Raipur Chhattisgarh - 492001 2 State Of Chhattisgarh Through The Secretary, Department Of Electronics And Information Technology, State Data Centre Building, Civil Lines, Raipur Chhattisgarh - 492001 3 Navabharat Having Office At Navbharat Press, Press Rd, Near Dainik Bhaskar Office, Moudhapara, Raipur, Chhattisgarh - 492001 2 4 Lalluram News Portal Managed By Four Corners Multimedia Private Limited, Office Address Mossnet 40, Sector 1, Shankar Nagar, Raipur, Chhattisgarh, 492004, India 5 IBC24 News Postal Address S.B Multimedia Pvt. Ltd., First Floor, Lodhipara Chowk, Raipur, Chhattisgarh - 492001 6 Assistant General Manager (Mmt Ii) Bharat Sanchar Nigam Limited (Bsnl), Office At - Mm Cell, Bsnl Corporate Office, 2nd Floor, Bharat Sanchar Bhawan, Janpath, New Delhi - 110001 ... Respondent(s) For Petitioner(s) : Shri Ashish Shrivastava, Senior Advocate with Shri Himanshu Pandey and Shri Hiya Sonchhatra, Advocate For Respondent No. 1 : Shri Rajesh Kesharwani, Advocate For Respondent(s)/ State : Shri R.K. Gupta, Addl. A.G. For Respondent No. 6 : Shri Sandeep Dubey, Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 03/03/2025 Heard. 1. By the present writ petition, the petitioner is questioning, the communication dated 07.10.2024 (Annexure P-1) and email dated 08.10.2024 issued by Respondent No. 1/ Chief Executive Officer CHIPS to the AGM Office, BSNL & State 3 Head BharatNet Project, Raipur for intimating that M/s Tata Projects Limited, in consortium with M/s DEL and M/s TCTS, has failed to meet their contractual obligations under the BharatNet Phase II project. “ Any work experience related to Chhattisgarh Bharatnet Phase II from either prime bidder or it’s consortium partner(s) should be disregarded. As a result, the work experience claimed by M/s. Tata Projects Limited, M/s DEL and M/s. TCTS should not be considered valid.” 2. Learned counsel for the petitioner would submit that the issuance of the communication dated 07.10.2024 and 08.10.2024 is contrary to the earlier experience certificate (Annexure P-7) issued to the petitioner by CHIPS and is without affording any opportunity of hearing to the petitioner. 3. Learned counsel for Respondent No. 1 on receiving the advance copy has filed reply to the writ petition and submits that CHIPS has sought clarification from the concerned employees regarding issuance of experience certificate to the petitioner and subsequent to filing of their reply they have also lodged FIR regarding the alleged issuance of certain certificates by the CHIPS. He also submits that the respondents have also issued notice of clarification to the petitioner regarding the experience certificate which has been replied by the petitioner. 4 4. Learned counsel for the petitioner in reply to the statement made by the CHIPS submits that the subsequent development which has been brought by the respondents in the reply is after thought which is not a part of Annexure P-1 and hence the communication Annexure P-1 by which the CHIPS has withdrawn the earlier certificates of experience issued to the petitioner dated 19.02.2024 and 22.02.2024 (Annexure P-7) is not sustainable. 5. I have heard learned counsel for the parties and perused the impugned communication Annexure P-1 and P-7 and the experience certificate Annexure P-7 which has been alleged to be issued by CHIPS and also perused the reply submitted by the respondents. 6. The perusal of the documents shows that there are some factual disputes regarding issuance of experience certificate Annexure P-7. It also appears that the respondents/ CHIPS have also lodged report in the police regarding the issuance of certificate. Perusal of Annexure P-1 communication issued by the CHIPS to the BSNL dated 07.10.2024, shows that there is no mentioning of the facts which has been brought in the reply filed by the CHIPS. 7. Considering the same, CHIPS respondent No.1 is at liberty to amend the communication dated 07.10.2024 by giving sufficient opportunity of hearing to the petitioner. Amendment to the communication dated 07.10.2024 be made subject to 5 verification about the certificate Annexure P-7 which has been alleged to be issued by Respondent No. 1 within a period of 7 days from today. It is also directed that no coercive steps shall be taken against the petitioner till then. 8. With the aforesaid observation, the petition stands disposed off. Sd/- (Bibhu Datta Guru) JUDGE Jyoti