IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.14062 of 2009 (O&M) Date of decision: 16.2.2010 M/s Sahib Transport Company. -----Petitioner. Vs. Food Corporation of India and another. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Mr. Rajesh Arora, Advocate for the petitioner. Mr. K.K. Gupta, Advocate for respondents. --- ORDER: 1. This petition questions rejection of tender of the petitioner vide letter dated 11.8.2009, Annexure P-6, on the ground that one of the partners of the petitioner firm had been convicted under Section 307 IPC and sentenced to undergo RI for 10 years. 2. Learned counsel for the petitioner submits that only condition in the Tender Notice was that a person convicted for criminal breach of trust will not be eligible, while the partner of the petitioner firm had been convicted under Section 307 IPC. 3. Learned counsel for the respondents has shown letter dated 5.2.2010 issued by the head office of the Food Corporation of India (FCI), stating that the tenderer will not be eligible for award of tender if the firm or any partner, Director, associate or CWP No.14062 of 2009 proprietor of the said firm had been convicted and imprisoned for a period of three years or more. Case of the petitioner is, thus, fully covered. 4. Learned counsel for the petitioner submits that instructions dated 5.2.2010 could not be applied to the petitioner. He further submits that contract was awarded to M/s Jagjiwan Pal Singh & Company, the partners of which firm were convicted in a criminal case. 5. We are unable to accept the submission. Even though the tender conditions have to be uniformly and fairly followed, if a person has been convicted and on that ground, the work is not allotted, such a decision cannot be held to arbitrary so as to call for interference. 6. We, thus, do not find any ground to entertain this petition. Dismissed. (ADARSH KUMAR GOEL) JUDGE February 16, 2010 ( ALOK SINGH ) ashwani JUDGE 2