AGILE SECURITY FORCE PVT. LIMITED, KONDAPUR, RANGA REDDY DISTRICT AND ANOTHER Vs. THE EXECUTIVE OFFICER, TIRUMALA TIRUPATI DEVASTHANAM, TIRUPATI AND ANOTHER

JUDGEMENT

(1.) This writ petition is filed questioning the action of the respondents in issuing the letter dated 31.07.2014, forfeiting the EMD amount of Rs.56,00,000.00 and further imposing an additional penalty of proscribing the 1st petitioner from participating in any TTD tenders for a period of three years as arbitrary, illegal, without jurisdiction and violative of the principles of natural justice.

(2.) The averments in the writ affidavit are that the 1st petitioner herein is an ISO Certified 9001:2008 organization specializing in providing high end security, security solutions and top of the line Facility Management Services. The 1st petitioner is the market leader and foremost organization in its field having clients all across the states of Andhra Pradesh and Telangana both in the Government and Private spheres. The 1st petitioner has been providing its Facility Management Services to Government Hospitals in 8 Districts i.e., Hyderabad, Warangal, Adilabad, Ananthapur, East Godavari, Srikakulam, Kurnool, Visakhapatnam. The first petitioner also provides its facility management services in IIIT Basara, JNTU College of Engineering, Government Polytechnic Colleges in Kadapa and etc. The 1st petitioner has always received satisfactory certificates from all the Government and Private organisations and the 1st petitioner's work has always been appreciated as one of the best.

(3.) In response to the tender notice issued by the 2nd respondent on behalf of the Tirumala Tirupati Devasthanam (TTD), petitioners had submitted offers for three packages each package consisting of three slices and the petitioners were declared as the successful bidders with respect to eight slices. To fulfil the condition for participating in the tender, the petitioners furnished bank guarantees of Rs.63,00,000.00 towards Earnest Money Deposit (EMD). By letters dated 20.06.2014, 25.06.2014 and 01.07.2014, petitioners were informed that they are the successful bidders with respect to eight slices and the petitioners were directed to attend the office of the 2nd respondent on or before 25.06.2014 and 01.07.2014 respectively to furnish the specified documents to execute the contractual agreement. Immediately thereafter by letter dated 26.06.2014, petitioners expressed their inability to conclude the contract and after exchange of certain correspondence finally petitioners made it clear that they would not be able to proceed further with the execution of the contract and execution of the work. Thereafter, impugned proceedings dated 31.7.2014 were issued by the respondents intimating the petitioners that the tender awarded in their favour has cancelled and further proscribing the petitioners from participating in any of the TTD tenders in future for a period of three years besides forfeiting the deposits paid by them. Immediately, petitioners addressed a letter dated 14.08.2015 to the respondents while accepting the forfeiture of the EMD amount objected to the punishment of proscribing for three years. Questioning the impugned proceedings to the extent of proscribing the petitioners from participating the tenders in future, the present writ petition is filed.