Aman Keshari Das Sec... v. Union Of India, Thro...

Arup Kumar Goswami, C.J.:— Heard Mr. Jitendra Pali, learned counsel for the petitioner. Also heard Mr. Ramakant Mishra, learned Assistant Solicitor General, appearing for respondents No. 1 & 2, Mr. Avinash N. Mishra, learned counsel, appearing for respondent No. 4 and Mr. Aditya Bharadwaj, learned counsel for respondent No. 5.

2. This writ petition is filed against an order dated 18.02.2022, whereby the petitioner was dis-empanelled under the provisions of Para 17(b) of Government of India, Ministry of Defence Office Memorandum No. 28 (75)/2020/D (Res-1) dated 13 May 2021 and Corrigendum thereto dated 23 June 2021.

3. The petitioner is a security agency, registered under Director General of Police Resettlement, which is managed by Department of Ex-Servicemen Welfare. The violations stated to have been established against the petitioner, as noted in the in the aforesaid order, read as follows:

“(a) Quoting Service Charge as 8.37% below the prescribed rate 10% (fixed) (violations of Para 13(g)(ii) & 17(b)(vi) of Govt OM in connection with Para 2(n) of Min Wage Rate of the Govt)

(b) Non Adherence to the min of Def Instructions/Norms of Empanelment and functioning of DGR sponsored Security Agency (violation of Para 17(b)(I) of Govt OM.

(c) Non submission of Reports and Returns (violation of Para 17(b)(ii).(iv) & (vii))”

4. A perusal of the aforesaid order itself shows that there is an Appellate Authority, which is Directorate General of Resettlement.

5. In view of availability of alternative remedy, we are not inclined to entertain this petition. Reserving liberty to the petitioner to approach the Appellate Authority, the writ petition is dismissed.