ANJANI TECHNOPLAST LTD Vs. UOI

JUDGEMENT

(1.) The challenge in this writ petition is to the order dated 24.01.2011 passed by the respondent, forbidding all Departments/Ministries/Offices of the Government of India from having commercial/ business dealings with the petitioner, for a period of 3 years, from the date of the order.

(2.) The respondent-Union of India, invited tender on 3.7.2009, for purchase of 59,000 light-weight bulletproof jackets. A Technical Evaluation Committee (TEC) was constituted by the Government of India to carry out physical evaluation of the samples received from various tenderers including the petitioner. The sample submitted by the petitioner was, however, rejected by the said Committee. Complaints/ representations were made to the Government alleging that the procedure adopted by the TEC for evaluation etc was faulty. The technical evaluation was then cancelled and a fresh evaluation was directed. Before conducting fresh evaluation of the samples, a meeting of the tenderers was convened by the Director General, BPR&D on 5.2.2010. In the said meeting which was attended, inter alia, by Mr. Bhuwanish Kumar, Deputy GM of the petitioner company, Chairman of TEC informed the representatives of the bidder that they should not approach any of the officer associated with technical evaluation process nor should any officer of the department contact the bidders. It was made clear in the said meeting that any violation of this direction will be viewed seriously.

(3.) A notice dated 27.9.2010 was issued by the Joint Secretary and Chief Vigilance Officer in Department of Commerce, Supply Division to the petitioner alleging therein that in violation of the directives dated 5.2.2010 Mr. R.K. Gupta, Director of the petitioner company, attempted to contact and converse with one member of TEC Mr. Sanjay Baniwal, Deputy Director (Development), BPR&D. It was further alleged in the said notice that Mr. Bhuwanish, another representative of the petitioner firm attempted to contact Mr. Sanjay Baniwal from his mobile telephone and invited him for a meeting. This was followed by a phone call from Mr. Bhuwanish of the petitioner company to Mr. Sanjay Baniwal. However, the invitation extended by the representative of the petitioner company was declined by Mr. Baniwal. Alleging that such an act on the part of the Director and representative of the petitioner amounted to malpractice, involving improper conduct in business dealings, the petitioner was required to show cause as to why business dealings with them should not be banned by the Government of India in the nonstatutory sphere in terms of para 5.18.3(iii) of the DGS&D Manual.