SATISH CONSTRUCTION Vs. NORTHERN COAL FIELDS LTD.

JUDGEMENT

(1.) Petitioner, which is a partnership firm registered on 21.11.17, has called in question order dated 13.06.2020. By said order petitioner company was banned for doing business dealings with Northern Coalfields Ltd. for a period of three years from date of issuance of letter.

(2.) A show cause notice was issued to company on 14.08.2019. Petitioner company was asked to show cause against breach of condition stipulated in general terms and condition of contract. Petitioner company has uploaded document i.e. Completion Certificate for Annual sanitation up keeping of Dragline erection yard office regional store VTC at Nigahi Project issued by Dy. General Manager (Civil) from Nigahi Project dated 07.04.2018, which wa s forged. It is mentioned in the notice that in case reply was found unsatisfactory, department will initiate action including debarring from participation of tender and banning of business from company for three years.

(3.) Petitioner company filed reply to aforesaid show cause notice on 03.09.2019 and stated therein that tender was filed by one Shravan Singh and petitioner company has no knowledge whether mistake was committed intentionally or unintentionally. Apology was tendered that no such mistake will occur in future. Thereafter, before passing impugned order, tender in question was awarded to subsequent L-1 bidder i.e. M/s Shyam Murari Singh on 11.10.2019. Respondents had issued NIT dated 06.11.2018, which is awarded to petitioner company on 23.12.2019. Thereafter impugned order dated 13.06.2020 (Annexure P/9) was passed.