122 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 910/2025 M/s Ashok Kumar Sharma Through: Mr. Sachin Gupta, Advocate Vs. Union of India and Ors. Through: Mr. Vishal Sharma, DSGI CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER (ORAL 16.04.2025 The petitioner through the medium of present petition has challenged communication No. 42594/WLR/ ‘A’ to ‘D’,‘S’/1324/ E8 dated 18.03.2025 issued by respondent No. 2, whereby among others, the petitioner has been shown to have achieved ‘slow progress’ on Work Load Return and it has been further observed that the petitioner is not capable of handling further load. The main ground that has been urged by the learned counsel for the petitioner for impugning the aforesaid communication is that no prior notice was issued to the petitioner before issuing the impugned communication. Issue notice to the respondents. Mr. Vishal Sharma, learned DSGI accepts notice on behalf of the respondents. Heard and considered. A perusal of the impugned communication reveals that as per Clause-3 thereof the contractors have been given option of approaching the concerned Accepting Officer for change/amendment of the remarks about their performance. The petitioner, it appears has not approached the concerned Accepting Officer before filing the present writ petition. Therefore, it would be 2 WP(C) No. 910/2025 appropriate to give liberty to the petitioner to approach the Accepting Officer for change/amendment of remarks made about it in the impugned communication. Accordingly, the present petition is disposed of with a liberty to the petitioner to make a representation before the Accepting Officer for change/ amendment of remarks made in impugned communication about its performance in terms of Clause-3 of the impugned communication dated 18.03.2025 within a period of 10 days from today. In case, such a representation is made by the petitioner, the same shall be considered by the concerned Accepting Officer on its merits and in accordance with law, whereafter a decision thereon shall be taken within a period one month from the date, such a representation is made. Till a decision is taken in the matter, the remarks made in the impugned communication qua the petitioner shall remain in abeyance and it shall be permitted to participate provisionally in the bidding process, which, however, shall be subject to the decision of the representation that may be taken by the Accepting Officer. (SANJAY DHAR) JUDGE Jammu 16.04.2025 Karam Chand/Secy. Whether the order is speaking: Yes/No Whether the order is reportable: Yes No. KARAM CHAND 2025.04.21 15:26 I attest to the accuracy and integrity of this document