Writ courts under Article 226 cannot resolve factual disputes on competency certificate revocations for condition violations or misrepresentations; expired certificates not restorable; deemed approval requires complete submissions; pursue statutory appeals.

JUDGMENT :

DEEPAK ROSHAN, J.

Heard learned counsel for the parties.

2. W.P.(C) No. 36 of 2021 was filed under Article 226 of the Constitution of India for the following reliefs: -

I. For quashing the impugned letter no. JH/CIF/7/Com. 1046/2015 dated 14.08.2020 issued under the signature of Respondent No. 4, whereby and whereunder the Competency Certificate No. JH/CIF/7/Com.1046/2015 dated 03.02.2020 of the Petitioner has been cancelled/revoked.

II. Consequently, for direction upon the respondents to restore the Competency Certificate of the petitioner.

3. Thereafter, another case being W.P.(C) 704 of 2021 was filed challenging the order, whereby, the claim for payment by respondent SAIL was rejected on the ground that stability certificate has been rejected by the Chief Inspectors of Factory and further the competency certificate to conduct stability tests has also been cancelled.

4. It is worthwhile to mention herein that during pendency of the instant writ petition, one Contempt application being Cont. Case (Civil) No.154 of 2023 was preferred for violation of order dated 10/08/2021 passed in W.P. (C) No. 36 of 2021.

5. All three matters being interlinked are being heard together.

Factual Matrix & Submissions of the Petitioner:

6. Briefly stated, vide letter dated 14.08.2020, the Certificate of Competency bearing No. JH/CIF/7/Com.1046/2015 dated 03.02.2020 was cancelled alleging certain violations of terms enumerated in the certificate, more specifically for violation of clause (v), (vi), & (ix) of competency certificate.

7. The stand of the Petitioners is that due to cancellation of his Competency Certificate and on being issued show cause notices by the respondent authorities, the petitioner duly replied by answering the queries made; however, the same was not properly considered by the respondent authorities and the respondents by going beyond the scope of Show cause; cancelled/revoked the certificate of competency which is arbitrary and illegal and also mala-fide.

8. Further grounds have been taken that several contractual works in different companies were affected and entire activity of the petitioner and its employees have been steeled and payment of work already executed has been stopped.

9. It has been argued that the authorities have unnecessarily made allegations that the petitioner has obtained competency certificates on the basis of incorrect information; however, the fact remains that the earlier CIF had granted competency certificates after assessing all the requirements and hence the certificates issued in pursuance to the same could not be reviewed by the present CIF.

10. It has further been contended that though the petitioner filed a recall/restoration application dated 25.08.2020 along with affidavit dated 28.01.2013 and other relevant documents and tried to establish his bona-fide and transparency but the same was not considered and entire activity of the petitioner-firm and its employee has been stalled, therefore, the petitioner has approached this court by filing the instant writ application.

11. During pendency of the writ petition, one Interlocutory Application being I.A. No. 3058/2021 in W.P. (C) No. 36 of 2021 was filed and vide order passed by this Court in the said Interlocutory Application, order cancelling the competency certificate was stayed.

12. It has also been contended by