Gauhati High Court
Mes Builders Association Of India vs Union Of India And 5 Ors on 4 June, 2020
Author: N. Kotiswar Singh
Bench: N. Kotiswar Singh
Page No.# 1/3
GAHC010076702020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 2283/2020
1:MES BUILDERS ASSOCIATION OF INDIA
HEAD OFFICE NEW DELHI TENGA VALLEY BRANCH REP. BY SHRI
NIRANJAN SINGH KARKIE, S/O- DIWAN SINGH KARKIE, VILL- KAA SONAI
NEPALI, P.S- CHORIDUAR, TEZPUR, DIST- SONITPUR, ASSAM, PIN- 784180
VERSUS
1:UNION OF INDIA AND 5 ORS.
REP. BY ENGINEER IN CHIEF MILITARY ENGINEERING SERVICES DTE OF
CONTRACT MANAGEMENT KASHMIR HOUSE, RAJAJI MARG, NEW
DELHI- 110011
2:CHIEF ENGINEER (EASTERN COMMAND)
FORT WILLIAM
KOLKATA
DIST- WEST BENGAL- 700021
3:CHIEF ENGINEER ZONE (SILIGURI)
MES SEVOKE ROAD
SILIGURI
WEST BENGAL- 734001
4:COMMANDER WORKS ENGINEER (TEZPUR)
SOLMARA
P.O- DEKAR GAON
DIST- SONITPUR
TEZPUR
ASSAM
5:C W E TENGA
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C/O- 99 APO
6:GARRISON ENGINEER
C/O- 859 EWS
C/O- 99 AP
Advocate for the Petitioner : MS. M BORAH
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
ORDER
04.06.2020 Heard Ms. M. Borah, learned counsel for the petitioner. Also heard Mr. S.P. Choudhury, learned Central Government counsel, appearing for the respondents.
2. Considering the nature of the case as also submitted by the learned counsel for the parties at the bar, the present petition is disposed of at this stage without issuing any formal notice.
3. The petitioner is claiming to be a registered association under the Societies Act XXI of 1860 at Delhi, having their headquarter at New Delhi. The members of the association belong to various places doing their business in various projects carried out by Military Engineering Services (MES).
4. It has been submitted that for the purpose of enlisting of contractors to work under the Military Engineering Services, there are certain norms laid down so that there is no compromise with the quality of work required to be undertaken under the defence. It has Page No.# 3/3 been submitted that the office of the Commander Works Engineer (CWE), which was earlier located at Tezpur has now been shifted to Tenga in West Kameng district of Arunachal Pradesh from 2018 and 2019 and thereafter on shifting of the office, enlistment of contractors is being carried out. However, while doing so, the authorities have not complied with the various conditions and the stipulations required as provided under the Manual on Contracts, 2007 prepared by the authorities in this regard. It has been submitted that many contractors who had no prior experience of working under the defence have been enlisted as contractors which would have dire consequences as far as the quality work is concerned. It has been submitted that in this regard, the petitioner association had submitted a detailed representation to the authorities on 20.01.2020.
5. This Court is of the view that the authorities can certainly look into the grievance of the petitioner association so that norms are followed at the time of enlistment of contractors and quality work in defence areas is ensured.
6. Accordingly, in view of the above, the present petition is disposed of directing the respondents, more particularly the respondent No.5 to dispose of the representation submitted by the petitioner association on 20.01.2020 by issuing a speaking order within a period of 3(three) weeks from the date of receipt of a certified copy of this order.
Sd/- N. Kotiswar Singh JUDGE Comparing Assistant