Binny Xavier vs. Union Of INDIA

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WP(C)/15736/2020HC KeralaGSTCNR KLHC01040083202018 November 2020Bench: HONOURABLE MR.JUSTICE N.NAGARESH17 pages

NO.80/5/2/2012/CE/(SZ)III, 4871-87 DAED

23.07.

2012

IN ENLISTING PETITIONER AS A CONTRACTOR IN CLASS -IV(CIVIL) ISSUED BY CENTRAL PUBLIC WORKS DEPARTMENT. EXHIBIT P1(a) COPY OF REGISTRATION NO. C-21/2018- 19 DATED 21.12.2018 ISSUED TO PETITIONER BY KERALA STATE PWD. EXHIBIT P1(b) COPY OF REGISTRATION CERTIFICATE ISSUED TO PETITIONER UNDER THE GOODS SERVICES TAX ACT 2017. EXHIBIT P2 COPY OF WORK ORDER NO.54(2)/417- 419(H) DATED 22.06.2019 AWARDED TO PETITIONER IN ACCEPTING THE E-TENDER BY RESPONDENTS. EXHIBIT P2(a) COPY

OF WORK

ORDER

NO. 23(01)/IIITPD/112 DATED 18.11.2019 AWARDED TO PETITIONER IN ACCEPTING THE E-TENDER BY RESPONDENTS. EXHIBIT P2(b) COPY OF WORK ORDER NO.54/2/1079(H) DATED

04.12.

2019

AWARDED

TO PETITIONER IN ACCEPTING THE E-TENDER BY RESPONDENTS. EXHIBIT P2(C) COPY

OF WORK

ORDER

NO. 54/2/CHCD/2019/12 DATED 02.01.2020 AWARDED TO PETITIONER IN ACCEPTING THE E-TENDER BY RESPONDENTS. EXHIBIT P2(d) COPY

OF WORK

ORDER NO.54/2/CHDC/2020/04-10

DATED 04.01.2020 ISSUED TO PETITIONER IN ACCEPTING

THE E-TENDER

BY RESPONDENTS.

WP(C) Nos.15736 & 16285 of 2020 : 13 : EXHIBIT P2(e) COPY

OF WORK

ORDER

NO. 54/2/CHCD/2020/225 DATED 23.01.2020 AWARDED TO PETITIONER IN ACCEPTING THE E-TENDER BY RESPONDENTS. EXHIBIT P3 COPY OF RELEVANT PAGES OF E-TENDER NOTIFIED BY 4TH RESPONDENT IN INVITING BID FOR INT NO.01/IIT PD/2020-21 FOR OPENING BID ON 01.07.2020. EXHIBIT P3(a) COPY OF RELEVANT PAGES OF E-TENDER IN EXT

P3

PARTICIPATED

BY PETITIONER, WITH EXT P1(a) KERALA PWD LICENSE ON 01.07.2020. EXHIBIT P4 COPY

OF ORDER

NO. DG/SE/CM/ENLIST.RULES/51

DATED 11.06.2020 ISSUED BY 2ND RESPONDENT, SUSPENDING

FRESH

ENLISTMENT/RE- VALIDATION, UNTIL FURTHER ORDERS, EXHIBIT P5 COPY OF E-TENDER CALLED BY 4TH RESPONDENT NIT NO.02/IIIT PD/2020-21 FOR OPENING BID ON 05.08.2020, WHEREIN CHANGED NOTICE INVITING TENDER

CONDITION,

TO AVOID CONSIDERATION OF EXT P1(A)KERALA PWD LICENSE. EXHIBIT P6OF ENLISTMENT RULES PUBLISHED FOR THE PERIOD 10.6.2020 TO 11.6.2020, WITH 20 OFFICE MEMORANDUM IN THE OFFICIAL WEB SITE OF CPWD EXHIBIT P7OF

E-TENDER

NIT NO.13/EE/CLT/2020-21 NOTIFIED BY THE EXECUTIVE ENGINEER, CENTRAL PUBLIC WORKS DEPARTMENT, KENDRIYA BHAVAN, CALICUT-673003, FOR OPENING BID ON 26/08/2020, WHEREIN CHANGED NOTICE INVITING TENDER CONDITION, TO AVOID PETITIONER'S

PARTICIPATION

WITH EXT.P1(a):

WP(C) Nos.15736 & 16285 of 2020 : 14 : EXHIBIT P8OF

E-TENDER

NIT NO.05/2020-21/CHCD/COCHIN/11 NOTIFIED BY THE EXECUTIVE ENGINEER, CENTRAL PUBLIC WORKS DEPARTMENT, COCHIN CENTRAL DIVISION, KENDRIYA BHAVAN, KAKKANAD, COCHIN-682 037, FOR OPENING BID ON 01/09/2020, WHEREIN CHANGED NOTICE INVITING TENDER

CONDITION,

TO AVOID PARTICIPATION OF PETITIONER. EXHIBIT P9 TURE COPY OF SCREEN SHORT OF PORTAL MAINTAINED BY CPWD FOR ONLINE PAYMENTS. EXHIBIT P10OF E-MAIL DATED 24/08/2020 SENT BY PETITIONER TO HELP DESK 'NRTP-HELPDESK@GOVTIN.COM

FOR FACILIATING ONLINE PAYMENT FOR ENLISTMENT FEE OF RS.10,000/- RESPONDENTS' EXHIBITS EXHIBIT R4(A) RELEVANT PORTION OF THE CPWD WORKS MANUAL 2014 CONTAINING CLAUSE 15.2.1(1) EXHIBIT EXTRACT OF PCWD WORKS MANUAL 2019 CONTIANING STANDARD OPERATING PROCEDURE SO P4/8 1(II) EXHIBIT R4(C) OFFICE MEMORANDUM ISSUED BY THE ADG, CPWD BANGALORE, DATED 11.4.2019 EXHIBIT R4(D) OFFICE MEMORANDUM NO DG/SE/CM/ENLIST.RULES /MISC./21, DATED 29.5.2020 EXHIBIT R4(E) LETTER SENT BY THE 4TH RESPONDENT TO THE PETITIONER DATED 5.8.2020

WP(C) Nos.15736 & 16285 of 2020 : 15 : APPENDIX OF WP(C) 16285/2020 PETITIONER'S EXHIBITS: EXHIBIT P1OF

THE ORDER NO.59(5)/TCC/07/207 DATED 19.02.2017 IN ENLISTING PETITIONER] AS CLASS- V(CIVIL)CONTRACTOR

OF CENTRAL PWD,ISSUED BY 3RD RESPONDENT EXHIBIT P1(a)OF THE 'B' CLASS CATEGORY CONTRACTOR'S RGISTRATION NO.B2/2009- 2010,VALID UPTO 31.03.2023,ISSUED TO PETITIONER BY KERALA STATE PWD. EXHIBIT P1(b)OF REGISTRATION CERTIFICATE ISSUED TO PETITIONER,UNDER THE GOODS SERVICES TAX ACT 2017. EXHIBIT P2OF CONTRACTORS WORK REGISTER FOR WORK ORDER NO.07/CHCD/2015-16 COMPLETED BY PETITIONER ON 30.11.2015. EXHIBIT P2(a)OF CONTRACTORS WORK REGISTER FOR WORK ORDER NO.46/CHCD/2015-16 COMPLETED BY PETITIONER ON 28.03.2016 EXHIBIT P2(b)OF CONTRACTORS WORK REGISTER FOR WORK ORDER NO.20/CHCD/2016- 17,COMPLETED

BY PETITIONER

OIN 11.08.2016. EXHIBIT P2(c)OF CONTRACTORS WORK REGISTER FOIR WORK ORDER NO.32/CHCD/2018- 19,COMPLETED

BY PETITIONER

ON 10.05.2019. EXHIBIT P2(d)OF CONTRACTORS WORK REGISTER FOIR WORK ORDER NO.05/CHCD/2019- 20,COMPLETED

BY PETITIONER

ON 02.12.2019. WP(C) Nos.15736 & 16285 of 2020 : 16 : EXHIBIT P2(e)OF CONTRACTORS WORK REGISTER FOIR WORK ORDER NO.13/CHCD/2019- 20,COMPLETED

BY PETITIONER

ON 19.03.2020. EXHIBIT P3OF RELEVANT PAGES OF E- TENDER NOTIFIED BY 6TH RESPONDENT IN INVITING BID FOR INT NO.37/2019- 20/CHCP/COCHIN/1 FOR OPENING BID ON 02.03.2020. EXHIBIT P3(a)OF RELEVANT PAGE OF E-TENDER IN EXT

P3

PARTICIPATED

BY PETITIONER,WITH EXT P1(A)KERALA PWD LICENSE ON 13.03.2020. EXHIBIT P4OF

ORDER NO.DG/SE/CM/ENLIST.RULES/51

DATED 11.06.2020 ISSUED BY 2ND RESPONDENT,IN SUSPENDING

FRESH

ENLISTMENT/RE- VALIDATION. EXHIBIT P5OF RELEVANT PAGES OF E- TENDER CALLED BY 6TH RESPONDENT INT NO.03/2020-21/CHCD/COCHIN/IV,WHEREIN CHANGED

NOTICE

INVITING

TENDER CONDITION,TO AVOID CONSIDERATION OF EXT P1(A)KERALA PWD LICENSE. EXHIBIT P6OF

ORDER NO.DG/SE/CM/ENLIST.RULES/51

DATED 11.06.2020 ISSUED BY 2ND RESPONDENT, IN SUSPENDING FRESH ENLISTMENT/RE- VALIDATION. EXHIBIT P7OF RELEVANT PAGES OF E- TENDER CALLED BY 6TH RESPONDENT INT NO.03/2020-21/CHCD/COCHIN/IV, WHEREIN CHANGED

NOTICE

INVITING

TENDER CONDITION, TO AVOID CONSIDERATION OF EXT P1(A) KERALA PWD LICENSE. EXHIBIT P8OF SCREEN SHORT OF PORTAL MAINTAINED BY CPWD FOR ONLINE PAYMENTS.

WP(C) Nos.15736 & 16285 of 2020 : 17 : EXHIBIT P9OF E-MAIL DATED 24/08/2020 SENT BY PETITIONER TO HELP DESK 'ntrp- helpdesk@gmail.com FOR FACILIATING ONLINE PAYMENT FOR ENLISTMENT FEE OR RS.5,000/-. RESPONDENTS' EXHIBITS: EXHIBIT R6(a)OF THE PAGES WHEREIN 'STANDARD OPERATING PROCEDURE (SOP) NO.4/8 1(II) UNDER CHAPTER CPWD WORKS MANUAL 2019. EXHIBIT R6(b)OF THE OM NO.23 (WORKS- KERALA)/ADG(SR)II/2019/287 DATED 11/04/2019. EXHIBIT R6(c)OF THE OM NO.DG/SE/CM/ENLIST.RULES/52 DATED 17/08/2020 ISSUED BY AUTHORITY OF DIRECTOR GENERAL, CPWD.

Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.