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2025 DAILYLAW 134253 (ALL)

M/S HINDUSTAN FIBRE GLASS WORKS PVT. LTD. THRU. ITS AUTHORIZED SIGNATORY MR. SANJEET KUMAR v. U.O.I. THRU. ITS GENERAL MANAGER MODERN COACH FACTORY RAEBARELI AND 3 OTHERS

WRIC/3569/2025 · 2025-04-18

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21908-DB Court No. - 2 Case :- WRIT - C No. - 3569 of 2025 Petitioner :- M/S Hindustan Fibre Glass Works Pvt. Ltd. Thru. Its Authorized Signatory Mr. Sanjeet Kumar Respondent :- U.O.I. Thru. Its General Manager Modern Coach Factory Raebareli And 3 Others Counsel for Petitioner :- Bhanu Bajpai,Gaurav Mehrotra,Nadeem Murtaza Counsel for Respondent :- A.S.G.I. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Considering the issue involved and the order proposed to be passed, obviously on admitted facts, we do not feel the need to call for a counter affidavit. Heard. The grievance of the petitioner is that in spite of the debarment order dated 19.02.2025 having been quashed by this Court vide judgment dated 21.03.2025 passed in Writ C No. 2100 of 2025, M/S Hindustan Fibre Glass Works Pvt. Ltd. Vs. Union of India & 3 others; and no fresh decision having been taken by the competent authority in pursuance to the said judgment, in spite of it, the petitioner is being illegally declared as ineligible for participating in the tender floated by the Railway Department of the Government of India. On being asked as to why specific challenge has not been raised to specific instances of being declared ineligible, learned Counsel submitted that the grievance is that this is happening all over the country because of the order of debarment passed by the Railway Board, though, it has already been quashed. The petitioner does not want to raise any issue for the events which have already happened but only wants protection of this Court so that in future when he bids for participation in a tender, he should not be declared ineligible on the ground of debarment, as that is not existing. Learned Counsel for the opposite parties invited our attention to Page 200 which is an extract of the Vigilance Manual, according to which only those who are in the approved list of suppliers can participate in the tender. We have perused the said provision. Matters of tender are governed by the tender conditions. We cannot countenance a situation where the debarment order has been quashed, and the liberty granted to take a fresh decision has not been availed as yet, yet the bid of the petitioner is rejected at the technical bid stage only on the ground of debarment order, especially, when the order of de-empanelment has also been set aside in Writ C No. 9540 of 2024 vide judgment dated 26.11.2024. If we find that in future, the bid of the petitioner is declared ineligible only for the reason that he was debarred by the Railway Board vide order dated 19.02.2025, ignoring the fact that the said order has already been quashed, unless of course any fresh decision has been taken in compliance of our order dated 21.03.2025, or any other decision has been taken otherwise, the consequences could be serious, henceforth, if the petitioner submits his bid for the tender, it will be considered keeping in mind the aforesaid. The writ petition is disposed of in the aforesaid terms. Order Date :- 18.4.2025 Lokesh Kumar [Om Prakash Shukla, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench