FIBRETECH Vs. BHARAT HEAVY ELECTRICALS LIMITED

JUDGEMENT

(1.) The present petition has been filed by the Petitioner aggrieved by the impugned order dated 13.5.2017 whereby the Respondents have prohibited the Petitioner-firm from participating in any tender floated by the Respondents for a period of three years from the date of the impugned order. Further, the registration of the Petitioner-firm with the Respondents was also cancelled on the ground that the Petitioner, while participating in Tender Enquiry No.PDX/MN and SC/EOI-2011/B-04 dated 7.2.2012 for overhauling and refurbishing of 2 X 65 MW Subarnarekha Hydel Power Plant at village Sikidiri in district Ranchi, Jharkhand, has given the wrong turnover for the Financial Years 2008-09 and 2010-11.

(2.) The undisputed facts are that the tender in question was opened in 2012 and the same was awarded to Northern Power Erections Limited (Delhi) in 2012 itself. Thereafter, after a delay of five years on 3.2.2017, the Petitioner-firm received a show cause notice of even date seeking reasons from the Petitioner-firm why it should not be banned for a period of three years for furnishing false information. The false information in question related to the declaration of annual turnover of the Petitioner company for the year 2010-11 which showed its turnover as Rs.361.26 lacs while, in fact, it was only Rs.274.43 lacs. This supply of wrong information by the Petitioner to the Respondents was discovered by the Respondents upon an enquiry being made by them in which, the auditor of the Petitioner-firm Mr. Sanjay Kumar, Chartered Accountant, has stated that he has not signed the balance-sheet for Financial Year 2010-11 which incorrectly showed the turnover of the firm as Rs.361.26 lacs instead of 274.43 lacs. After receiving the reply of the Petitioner-firm, the impugned order dated 13.5.2017 was passed whereby the Petitioner-firm was banned from participating in the tendering process floated by the Respondents for a period of three years from the date of the impugned order.

(3.) It has been submitted on behalf of the Petitioner that it was held ineligible for the tender in question even on the basis of the turnover submitted by it. After the tender was opened in 2012, the same was awarded to Northern Power Erections (Delhi) Limited in the year 2012 itself. Thus, the Petitioner contends that no loss was ever caused to the Respondents on account of the alleged misdemeanor of the Petitioner and, therefore, the punishment imposed was grossly disproportionate to the alleged misdemeanor.