IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.17468 of 2009 Date of decision: 13.11.2009 Shri Balaji Transport Company. -----Petitioner Vs. Food Corporation of India and others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. V.K. Jindal, Advocate for the petitioner. --- ORDER: 1. This petition seeks quashing of order dated 29.5.2009, rejecting technical bid of the petitioner invited in pursuance of Tender Notice dated 5.3.2009 for handling and transportation of goods for two years. Further prayer is for quashing of order dated 15.6.2009, Annexure P-9, awarding work to respondent No.3 and order dated 22.10.2009, Annexure P-11, rejecting the representation of the petitioner, seeking cancellation of award of contract to respondent No.3 and also seeking award of contract to the petitioner. CWP No.17468 of 2009 2. The petitioner earlier filed C.W.P. No.9969 of 2009 which was disposed of on 9.7.2009 with the observation that the petitioner should have first approached the concerned authorities. 3. The grievance of the petitioner is that its bid has been rejected on the ground of past performance of one of the partners, against whom penalty of Rs.2 lacs was imposed. It is stated that the said penalty has been set aside on 12.11.2009. This information has been given by learned counsel for the petitioner orally, as it is stated that development has taken place after filing of the writ petition. Further grievance is that even though penalty was also imposed against one of the partners of respondent No.3, contract was awarded to respondent No.3, ignoring the said objection, even though bid of respondent No.3 is said to be less competitive as compared to that of the petitioner. 4. It appears to us that certain points, which may not have been appreciated by the Regional Office of the Food Corporation of India, ought to be considered by higher departmental authority, in the first instance. 5. Without expressing any opinion on merits, we direct respondent No.2 to look into the matter if a representation is made by the petitioner within one week from today and take a decision by passing a speaking order, which may be conveyed to the petitioner, within one month from the date of receipt of copy of this order. 2 CWP No.17468 of 2009 6. The petition is disposed of. (ADARSH KUMAR GOEL) JUDGE November 13, 2009 ( GURDEV SINGH ) ashwani JUDGE 3