SUNNY SECURITY SERVICES Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioner who is a contractor engaged in supply of Manpower (skilled, Un-skilled, semi skilled and safai worker) participated in tender proceedings bearing Notice Inviting Tender (for short 'NIT') No.134/Estt./2020-21 Jashpur Nagar, dated 01.05.2020 floated by respondent No.3. The bid submitted by petitioner came to be rejected, which made the petitioner to prefer instant writ petition with following reliefs :-

(2.) Facts of the case in nutshell are that, respondent No.3 issued NIT inviting bids from the reputed NGOs and experienced firm for 'supply of Manpower (skilled, Un-skilled, semi skilled and safai worker)', period of which contract was for one year. The petitioner being experienced in the sector of providing manpower and holding all requisite qualifications as per the terms and conditions, made an application for procuring e-tender. The bid start date was 02.05.2020 and bid opening date was 25.05.2020. Bid of petitioner was not opened and it was left in system, whereas bids submitted by other participants were opened. When petitioner made search in webportal, it came to his knowledge that his bid was not opened and as per screen shot of website, remark has been made that bidder is debarred/banned/ blacklisted. When inquiry has been made from the office of respondent No.3, it was informed that it may be for the reason of some action taken against petitioner for outstanding against Employees' Provident Fund Organization (for short 'EPFO'). This reason has been assigned orally. The action taken by EPFO has already been settled. Petitioner is engaged in security services since long back and worked with various authorized institutions in State of Chhattisgarh. Petitioner has made representation, but no action was taken on it.

(3.) Respondent No.3 submitted reply to petition pleading that there was outstanding amount of Rs.48,12,998/- against the petitioner of EPFO. Respondent No.3 vide letter dated 06.01.2020 granted last opportunity to deposit and in the said letter itself, he has been blacklisted. On account of non-payment of amount of EPFO, bid submitted by the petitioner was not opened.