GOVIND KAMAT S/O LAXMESH Vs. MANAGING DIRECTOR NORTH EAST KARNATAKA ROAD TRANSPORT CORPORATION (NEKRTC)

JUDGEMENT

(1.) This intra Court appeal is filed by the appellant questioning the order dated 08.03.2019 passed by the learned Single Judge in W.P.No.201233/2019.

(2.) The facts of the case are that the appellant in pursuance of E-Tender notification dated 12.10.2018 issued by the respondent No.2 submitted his bid for the Vijayapur Central Bus Stand refreshment/canteen through online and made his bid for an amount of Rs.9,56,862/- per month including GST as shown in the E-procurement portal by paying EMD amount of Rs.15,37,305/-. The appellant paid the entire amount by letter dated 05.01.2019 for the execution of agreement. Respondent No.2 authority instead of considering the request for execution of agreement passed an order dated 04.01.2019 by which respondent No.2 forfeited the EMD amount and blacklisted the appellant by making wrong interpretation contrary to the E procurement portal information uploaded by respondent No.2. It is very clear that the bid amount, i.e. financial bid is inclusive of statutory taxes.

(3.) Appellant being aggrieved by the impugned order dated 04.01.2019 preferred Writ petition No.200145/2019 which was allowed and the Court was pleased to quash the order dated 04.01.2019 and remanded the matter to respondent No.2 for reconsideration. The appellant appeared before the respondent No.2 on 14.02.2019 and made his oral and written submission. Further respondent No.2 without considering the relevant facts passed the order rejecting highest offer made by the appellant and forfeited EMD amount deposited by him and also blacklisted him for two years. The said order was challenged in W.P.No.201233/2019. Learned Single Judge by an order dated 08.03.2019 set aside the order to the extent of blacklisting the appellant for a period of two years and upheld the remaining portion of the order dated 14.02.2019. Therefore, appellant has filed this appeal.