M/S EVERGREEN GROUP OF INDUSTRIES TH.ITS PROP. v. UNION OF INDIA TH.SECRETARY (MINISTRY OF DEFENCE) AND ORS
WP(C)/2369/2025 · 2025-09-26
Rajnesh Oswal
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 9163 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9163 (JK) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (Th. Virtual Mode)
WP(C) No. 2369/2025 CM No. 6257/2025 CAV No. 2115/2025
M/s Evergreen Group of Industries Th. Its. Prop.
…..Appellant(s)/Petitioner(s)
Through: Mr. Sheikh Manzoor, Advocate.
vs
UOI and others .…. Respondent(s)
Through: Mr. Tahir Majid, Shamsi, DSGI.
Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER 26.09.2025
ORAL
1. The petitioner being aggrieved of communication dated 14.06.2025 in respect of the slow progress and consequently found incapable of handling more load, has filed this writ petition for assailing the same.
2. A perusal of communication dated 14.06.2025 reveals that in case any contractor has any grievance against any remarks, the said contractor may approach the concerned Accepting Officer(s) for change/amendment of remarks about his performance, meaning thereby the petitioner has a remedy of approaching the Accepting Officer concerned in terms of communication impugned in this petition.
3. Confronted with such a situation, learned counsel for the petitioner has submitted that the petitioner be permitted to approach the Accepting Officer in respect of his grievance as projected in the instant writ petition and further till the grievance of the petitioner is considered in accordance with law, the operation of the impugned communication be stayed.
4. Mr. Tahir Majid Shamsi, learned DSGI appears on behalf of the respondents/caveators. With the appearance of Mr. Tahir Majid Serial No. 90
2 WP(C) No. 2369/2025
Shamsi, caveat stands discharged. He submits that in case the petitioner approaches the Accepting Officer concerned, appropriate decision in accordance with law shall be taken.
5. In view of the above, the instant writ petition is disposed of by directing the petitioner to approach the Accepting Officer for change/amendment of remarks qua his performance as mentioned in the impugned communication, within a period of seven days from today and in the event the petitioner approaches the Accepting Officer concerned within the period mentioned above, the Accepting Officer shall consider the grievance of the petitioner in accordance with law within a period of three weeks thereafter and till the grievance of the petitioner is considered, operation of the impugned communication shall remain stayed.
6. It is further made clear that in the event the petitioner does not approach the Accepting Officer concerned within the period mentioned above, the respondents shall be at liberty to proceed in accordance with law.
7.
Disposed of.
(RAJNESH OSWAL)
JUDGE
Jammu 26.09.2025 Sahil Padha
Whether the order is speaking: Yes/No.
Whether the order is reportable: Yes/No. Sahil Padha 2025.09.26 16:19 I attest to the accuracy and integrity of this document