RAJ SECURITY FORCE Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) Shri Siddharth Sharma, Advocate for the respondents. Although an application (I.A.No.11128/2018) has been filed on behalf of the respondents for vacating the interim order, however, instead of deciding the said application, with the consent of the parties, the petition itself is heard finally.

(2.) As per the facts of the case, the respondent-Corporation which falls within the ambit of Article 12 of the Constitution of India, floated a tender for providing security guards on rent for a period of one year and the said tender was widely published in newspaper on 30.10.2015 (Annexure-P/1). The petitioner being an Agency engaged in the services provider of business of man power, including that of security forces, security guards and security gunman in the State of Madhya Pradesh, participated in the tender process and was found successful bidder. The NIT issued by the respondent-Corporation containing certain terms and conditions, which is available on record as Annexure-P/2. On earlier occasion also, the respondent-Corporation issued the NITs on the similar terms and conditions, in which, the petitioner was found successful bidder for past three years.

(3.) In response to NIT (Annexure-P/2), being a successful bidder, the petitioner entered into an agreement with the respondents and consequent thereto, respondent No.2 vide its letter dated 02.05.2016 (Annexure-P/3) granted approval for providing security guards. As per the petitioner pursuant to the work order dated 16.05.2016, the petitioner deployed total 181 security guards in 33 different locations of Jabalpur. After completion of one year tenure, the respondent again issued the NIT for availing the services of security guards on rent for the year 2017-18 vide notice dated 08.09.2017 (Annexure-P/5), wherein, probable amount for execution of contract was mentioned as Rs.90 lac. The petitioner also participated in the same and his bid was accepted by the respondents, then he was asked to execute an agreement. A letter in this regard was issued by the respondents on 24.04.2018 (Annexure-P/6) and thereafter contract was executed on 05.05.2018 (Annexure-P/7) containing certain terms and conditions.