PRICEWATERHOUSECOOPERS PRIVATE LIMITED. Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition filed by the petitioner seeks to assail an Office Memorandum dtd. 16/7/2024 (hereinafter 'impugned OM') which inter alia disqualified the petitioner for a period of 5 years from participating in any Request for Proposals (RFA) issued by the Integrated Nutrient Management Division (Organic Farm Divisions) (hereinafter referred as 'INMD'), Department of Agriculture & Farmers Welfare, Ministry of Agriculture and Farmers Welfare (respondent no.1) and a communication/email dtd. 22/7/2024, in terms of which, account of the petitioner on the Government e-Market Place (GeM) portal (respondent no.2) was suspended for 30 days i.e., between 22/7/2024 to 21/8/2024.

(2.) The disputes between the parties have arisen in the context of a Request for Proposal (RFA) dtd. 4/1/2024 issued by the INMD of respondent no.1 on the portal of respondent no. 2 for selection of a consultancy firm for establishment of Programme Monitoring Unit (hereinafter referred as "PMU") for the Mission Organic Value Chain Development for North Eastern Region (hereinafter referred as "MOVCDNER").

(3.) It is stated that the petitioner in response to the aforesaid RFP, on 17/2/2024, submitted technical proposal on the GeM Portal. However, since there was no option to upload the Annexure II (Financial Proposal Format) separately on the said portal, pursuant to a telephonic guidance, the same was submitted in hard copy on 19/2/2024. It is stated that the financial proposal clearly mentioned annual price for the services as Rs.3,46,92,000.00