Abhinav Dewan Proprietor Of Planet ... vs Union Of India And Anr on 14 February, 2022

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Delhi High Court - Orders

Abhinav Dewan Proprietor Of Planet ... vs Union Of India And Anr on 14 February, 2022

Bench: V. Kameswar Rao

                           $~44
                           *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                           +    W.P.(C) 2774/2022, CM Nos. 7962/2022, 7963/2022 & 7964/2022
                                ABHINAV DEWAN PROPRIETOR OF PLANET ELECTRO LABS
                                                                                  ..... Petitioner
                                                 Through: Mr. Gourab Banerji, Sr. Adv. with

                                                     versus

                                 UNION OF INDIA AND ANR
                                                                                       ..... Respondents
                                                     Through:      Mr. Arnav Kumar, Adv. with
                                                                   Mr. Anirudh Shukla, Adv. for R-1
                                                                   Mr. Ashish Arora, Mr. Vikas Chopra
                                                                   and Mr. Neeraj Kumar, Advs. for R-2
                                 CORAM:
                                 HON'BLE MR. JUSTICE V. KAMESWAR RAO
                                         ORDER

% 14.02.2022 This matter is being heard through video-conferencing. CM No. 7963/2022 (for exemption) Exemption allowed subject to all just exceptions. Application stands disposed of.

CM No. 7964/2022 (for permission) This is an application filed by the petitioner seeking permission to file lengthy synopsis and list of dates.

For the reasons stated in the application, the same is allowed and the lengthy synopsis and list of dates is taken on record.

Application is disposed of.

W.P.(C) 2774/2022, CM No. 7962/2022

1. The present petition has been filed by the petitioner with the Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:16.02.2022 14:42:06 following prayers:

"In view of the above, it is prayed that this Hon'ble Court may be pleased to:

a. issue an appropriate Writ, order, or direction in the nature of certiorari quashing the show cause notice dated 1 December 2021 issued by Respondent No 2 to the extent it proposed the action of withdrawal under Clause 4.5 of the NABL 216 (Procedures for Dealing with Adverse Decisions) for violation of NABL 131 and 133;

b. issue an appropriate Writ, order, or direction in the nature of certiorari quashing the Withdrawal Letter dated 27 January 2022 insofar as it imposes debarment by debarring the Petitioner from re-applying for accreditation for two years as per condition 3, Clause 4.6 of NABL 216 with effect from 25 January 2022;

c. issue an appropriate Writ, order, or direction in the nature of certiorari quashing the Withdrawal Letter dated 27 January 2022 insofar as it imposes the penalty of Withdrawal of the Petitioner's accreditation under Clause 4.5 of NABL 216, d. declare, in the event this Hon'ble Court upholds the findings of non-conformities contained in the impugned letter, that Respondent No 2 could have at best taken action for Scope Reduction of Petitioner's accreditation under Clause 4.3 of NABL 216 limited to Specific Tests in respect of which major non-conformities were found. e. issue an appropriate Writ, order, or direction in the nature of mandamus reviving the petitioner's renewal application of 21 November 2021; and f. pass any other order(s) it deems fit in the interests of justice in favour of the Petitioner."

2. It is the submission of Mr.Gourab Banerji, learned Senior Counsel appearing for the petitioner that since the last six years, when the laboratory started functioning, the petitioner have put in all the time, effort and resources in it. Whenever the authorities have pointed out any non-

Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:16.02.2022 14:42:06

conformities, the petitioner has diligently taken steps to make it conforming.

3. According to him, the arbitrariness and pre-determination is apparent from the fact that despite over a period of time, the scope of accreditation of the petitioner had been increased from the initial 58 Specific Tests, to 274 Specific Tests in March 2019, and to further 374 Specific Tests in December 2020, and 417 Specific Tests in August 2021, the impugned order has been passed, including black listing which was not even the subject matter of show cause notice.

4. In substance, it is his submission that the procedure, required to be followed keeping in view the position of law, has not been adhered to.

5. Issue notice. Mr.Arnav Kumar, Advocate accepts notice for the respondent No.1 and Mr.Ashish Arora, Advocate accepts notice for the respondent No.2.

6. The present petition is primarily directed against the respondent No.2. If that be so, the respondent No.2 shall file counter affidavit within two weeks. Rejoinder thereto, be filed within three days thereafter.

7. Learned senior counsel for the petitioner shall also file a short note of submissions not exceeding five pages before the next date of hearing.

8. List on March 10, 2022.

V. KAMESWAR RAO, J FEBRUARY 14, 2022/aky Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:16.02.2022 14:42:06

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Delhi High Court - Orders