Delhi High Court
Roshni Enterprises Through Its ... vs Union Of India & Others on 19 May, 2009
Author: Sanjiv Khanna
19.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2702/2008
Date of decision: 19th May, 2009
ROSHNI ENTERPRISES THR. ITS PROPRIETOR ..... Petitioner
Through Mr. Arvind Kumar Sharma, Advocate.
versus
UOI & ORS. ..... Respondents
Through Mr. Gaurav Duggal, Advocate.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
1. Whether Reporters of local papers may be
allowed to see the judgment?
2. To be referred to the Reporter or not ?
3. Whether the judgment should be reported
in the Digest ?
ORDER
%
1. The petitioner Roshni Enterprises impugns letter/order dated 4th
March, 2008 rejecting petitioner's request for re-verification dated 14th
December, 2006 received in the office of Headquarter, Western Command,
on 4th March, 2008.
2. The petitioner was registered as ASC contractor from January, 2002
to January, 2007. Thereafter, the petitioner applied for re-verification vide
application dated 14th December, 2006. As per the stand of the
respondent- Western Command, Indian Army, the application for re-
verification should have been filed six months before the expiry of the last
W.P. (C) No. 2702/2008 Page 1
date of registration.
3. The impugned order/letter dated 4th March, 2008 rejecting the
petitioner's application for re-verification gives three reasons:-
"(a) Your firm is an allied firm of M/s DPS
Sangwan and M/s Sangwan Trading which have
been suspended. Since suspension is extendable
to allied firms, re-verification of your firm can not
be completed.
(b) Your case for re-verification has not been
recommended by HQ Delhi Area being allied firm
of a/m firms.
(c) Affidavit given by you regarding sole
proprietorship of m/s Roshni Enterprises is not
matching with report of Dy Commissioner of
police wherein it is stated that Sh. DPS Sangwan
and Smt Roshni Devi are directors of M/s Roshni
Enterprises. This tantamounts to production of
incorrect affidavit. Photocopy of Dy
Commissioner, Special Branch Delhi report No.
9201/CV-II/CVR/SB, dated 06 Sep 2007 is
attached for ready reference.
3. However, your case for re-verification may
be re-considered only after revocation of
suspension order of M/s DPS Sangwan & M/s
Sangwan Trading.
4. This is without prejudice and any
constraints."
4. Reason No. (c) states that Roshni Enterprises as per the report
submitted by Deputy Commissioner of Police was a joint firm of M/s DPS
Sangwan and Ms. Roshni Devi and not as sole proprietorship concern of
Ms. Roshni Devi. The said statement has been made on the basis of
W.P. (C) No. 2702/2008 Page 2
report dated 6th July, 2007 given by Deputy Commissioner of Police,
Special Branch, Delhi. The petitioner along with the writ petition has filed
letter dated 10th January, 2008 written by Deputy Commissioner of Police,
Special Branch, Delhi to the Army Authorities confirming that M/s Roshni
Enterprises is functioning from the address given in the application since
November, 2006 and Ms. Roshni Devi is the proprietor of the firm and
nothing adverse has been found against her. By letter dated 17th January,
2008 Headquarters, Delhi Area informed Headquarter, Western Command
that Ms. Roshni Devi is the proprietor of the firm, and nothing adverse was
found as per the police report. There appears to be a contradiction
between the earlier report of the Deputy Commissioner of Police, Special
Branch, dated 6th September, 2006 and the subsequent reports as per
letter dated 10th January, 2008. However, the said aspect has not been
examined in the letter/order dated 4th March, 2008. In fact the said
letter/order does not make a reference to this letter dated 10th January,
2008 written by Deputy Commissioner of Police, Special Branch, Delhi and
the communication dated 17th January, 2008.
5. Learned counsel for the petitioner further submits that the
respondents did not confront or allege that Roshni Enterprises was an
allied firm of M/s DPS Sangwan and M/s Sangwan Trading. It is
accordingly pleaded that the petitioner was not afforded an opportunity to
explain and contend that M/s Roshni Enterprises was not an allied firm of
W.P. (C) No. 2702/2008 Page 3
M/s DPS Sangwan or Sangwan Trading. Learned counsel for the
respondent, however, has drawn my attention to para 29 sub clause (d) of
the Procedure for Conclusion of ASC Contracts, which defines the term
allied firms as under:-
"29. (d) All firms/companies, which come within
the sphere of effective influence of the
banned/suspended
firms/proprietorship/companies, shall be treated
as allied firms. In determining this, the following
factors may be taken into consideration."
6. Learned counsel for the respondent contends that M/s DPS Sangwan
was a sole proprietorship concern of the husband of Ms. Roshni Devi and
M/s Sangwan Trading is the sole proprietorship concern of brother of the
petitioner Ms. Roshni Devi and all three firms had given the said address.
Learned counsel for the petitioner, however, submits that this is factually
incorrect and the three firms were/are operating from separate addresses.
7. In view of the aforesaid factual position and as order/letter dated 4 th
March, 2008 does not refer to the subsequent report of the Deputy
Commissioner of Police, Special Branch, Delhi dated 10th January, 2008
and the letter dated 17th January, 2008, I feel the matter has to be
remitted back to the respondent authorities to decide the re-verification
application. In these circumstances, I also refrain from making any
observation whether or not the petitioner is an allied firm under para 29(d)
of the aforesaid procedure. I refrain and do not give any finding in this
W.P. (C) No. 2702/2008 Page 4
regard as that the petitioner has submitted that he was never confronted
with the aforesaid objection. As the matter is being remitted back for
fresh decision, the question of allied firms can be also examined by the
respondent authorities.
8. The petitioner is given liberty to file additional documents along with
a supporting affidavit with the respondents within three weeks. In case
they reject the petitioner's request for re-verification, the speaking order
will deal with the letter issued by Deputy Commissioner of Police, Special
Brach, Delhi dated 10th January, 2008 and the letter dated 17th January,
2008. They shall also deal with the question of allied firms and the
contention of the petitioner. The re-verification application will be
disposed of within a period of one month after the petitioner files his
affidavit in term of the order passed today. The order dated 4 th March,
2008 is set aside. The petitioner will be at liberty to seek redressal of
grievance in case of an adverse order.
The writ petition is disposed of. No costs.
DASTI to both the parties.
SANJIV KHANNA, J.
MAY 19, 2009
VKR
W.P. (C) No. 2702/2008 Page 5
