Delhi High Court
Ashish Chaturvedi vs Union Of India & Anr. on 14 September, 2020
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 14.09.2020
+ W.P.(C) 4395/2020 & CM APPL.15812/2020 (stay)
ASHISH CHATURVEDI ..... Petitioner
Through: Mr. Vikram Pradeep, Adv.
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. Jasmeet Singh, CGSC for
R-1/UOI.
Mr. Kamal Kant Jha, Adv. for R-2.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRATEEK JALAN
JUDGMENT
D.N. PATEL, CHIEF JUSTICE (Oral)
Proceedings in the matter have been conducted through video
conferencing.
W.P.(C) 4395/2020
1. Learned counsel appearing for the petitioner submitted that looking to
the stand taken by the respondent No.2 as mentioned in Part-I of their
written submissions, especially in paragraphs No.6, 7 and 9 and in Part-II
paragraphs No.6 and 7, now nothing survives in this petition and the
grievances ventilated by the petitioner have been brought to an end.
Hence, petition may be disposed of as such.
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:16.09.2020
15:30:39
2. Paragraphs no.6, 7 and 9 of Part-I of the written submissions of
respondent No.2 read as under:
"I. ISP'S GLOBAL PQB NO.72/2014 DATED 18/07/2014 &
SUBSEQUENT ICB TENDER N0.54/2016-17 DATED
01.06.2016 FOR PROCUREMENT OF '15 MILLION ICAO
COMPLIANT ELECTRONIC CONTACTLESS INLAYS
ALONG WITH ITS OPERATING SYSTEM IN 2 UPS'
REQUIRED FOR MANUFACTURE OF INDIAN
e-PASSPORT.
6. That, during this process, a fresh Security-clearance was
sought against the following firms from time to time due to
Change of its Director/(s), Change of Company's name,
acquisition, change in share holding pattern, change in
ultimate beneficiary of the firm/ (s) etc.
(i) M/s. Gemalto Sp.Z.o.o, Poland
(ii) M/s. Smartrac Technologies Ltd., Thailand
(iii) M/s. Safran Identity & Security France (Erstwhile M/s.
Morpho).
7. That a fresh Security-clearance in respect of following firms
had been DENIED as under:-
(i) MoF vide letter dated 26.12.2018 enclosing therewith
MHA's letter dated 18.12.2018 had conveyed the denial of
Security-clearance in respect of M/s IDEMIA Identity &
Security France (erstwhile M/s Safran Identity & Security
France earlier M/s Morpho, France.)
(ii) MoF vide letter No. 7/10/2014-Cy.I(Vol.II)/CF No.241464
dated 07th August 2019 conveyed the denial of Security-
clearance in respect of M/s Linxens (Thailand) Co. Ltd,
Thailand.(Erstwhile M/s. Smartrac Technologies Ltd.,
Thailand).
xxxx xxxx xxxx
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:16.09.2020
15:30:39
9. That M/s. Gemalto Sp. Z.o.o (now known as Thales DIS
Polska Sp. Z.o.o) denied to extend the validity of their bid
beyond 18.05.2020 as conveyed by them vide email dated
03.07.2020, hence, they are also out of tender process."
3. The paragraphs no.6 and 7 of Part-II of the written submissions of
respondent No.2 read as under:
"II. ISP'S DOMESTIC PQB NO. 61/2016-17 DATED
15.06.2016 & SUBSEQUENT NCB TENDER NO. 09/2019
DATED 10.04.2019 FOR PROCUREMENT OF 7.5
MILLION ICAO COMPLIANT ELECTRONIC
CONTACTLESS INLAYS ALONG WITH ITS OPERATING
SYSTEM IN 2 UPS' REQUIRED FOR MANUFACTURE
OF INDIAN e-PASSPORT.
6. That, after the evaluation of techno-commercial offers of the
above firms, the proposal for opening of price-bids of the above
firms was sent for the approval of Board of Directors, SPMCIL,
CHO on 06.09.2019 subject to a fresh security clearance in
respect of M/s Siepmann's Card Systems Pvt. Ltd, Mumbai, due
to acquisition of the firm and change of its Directors.
7. That the Security-clearance in respect of M/ s Siepmann's
Card Systems Pvt. Ltd, Mumbai had been denied and conveyed
vide letter dated 30.09.2019 & 26.09.2019 of MoF & MHA
respectively."
4. In view of these submissions, the grievances ventilated in this petition
have been brought to an end especially in respect those two companies
namely, (i) M/s. Gemalto Sp.Z.o.o, Poland and (ii) M/s Siepmann's Card
Systems Pvt. Ltd, Mumbai.
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:16.09.2020
15:30:39
5. In view of the fact that the contract in question about the printing of
the passports is no more going to be given to the aforesaid two companies,
the grievances ventilated in this petition have been brought to an end.
Hence, this petition is disposed of as such.
CM APPL.15812/2020 (stay)
In view of the order in the main petition, no orders are required on
this application.
The same stands disposed of.
CHIEF JUSTICE
PRATEEK JALAN, J
SEPTEMBER 14, 2020
kks
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:16.09.2020
15:30:39
