MADAN MOHAN MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) A tender notice dated 14. 9. 07 was issued by the Programme Director, Indo german Basic Health Project and ex-officio Special Secretary of the Health and family Welfare Department, Government of West Bengal for execution of various jobs of upgradation of Block Primary Health Centres in various districts of the state. Pathardihi Block Primary Centre in Purulia district (hereafter the said bphc) was one of such centres for which bids were invited. The petitioner responded to the tender notice. His offer was considered by the respondents and ultimately letter of acceptance dated 24. 1. 08 was issued in his favour. On 25. 1. 08 a complaint was addressed to the Programme Director by the zilla Parishad Contractors Association, Suri, Birbhum alleging that contractors had been selected for works mentioned in the tender notice though they had failed to qualify in terms of the tender terms and conditions. While responding to the tender notice, the petitioner had submitted a certificate issued by the manager, Sainthia Branch of Birbhum District Centre Cooperative Bank Limited (hereafter the said Bank), dated 11. 10. 07. By the said certificate it was assured that the said Bank would be providing cash-credit facility to the extent of Rs. 50 lakh to the petitioner to meet the working capital requirements if he is selected for executing the contract for the work of upgradation of the said BPHC.

(2.) WHILE looking into the complaint as aforesaid, enquiries were initiated and in pursuance thereof the incumbent in the post of Manager, Sainthia Branch of the said Bank by his communication dated 23. 2. 08 conveyed that the certificate dated 11. 10. 07 produced by the petitioner, purportedly issued by the branch, is fake. In addition, it was further conveyed that the Branch Manager has no authority to issue such certificate to any person and it was only the Chief executive Officer of the Bank who could issue the same. Soon after receipt of such communication from the Branch Manager, two orders dated 24. 3. 08 were issued, one by the Programme Director and the other by the Chief Engineer of Basic Health Project. The Programme Director by his memo No. HF/bhp/kfw/170/07/142 conveyed to the petitioner that on verification it had been detected that he had adopted corrupt and fraudulent practice by furnishing false/forged documents in support of his credentials in connection with the bids submitted by him in response to invitation of bids dated 14. 9. 07 for the work of upgradation of the said BPHC. Accordingly the letter of acceptance issued vide Memo dated 24. 1. 08 was revoked and he was asked to show cause within 7 days as to why he should not be debarred from participating in bids for at least five years and the bid security for execution of work of upgradation of the said BPHC shall not be forfeited for vitiating the bidding process and misleading the Government in the evaluation of bids. By the Chief engineer's order contained in Memo No. 148/ce/bhp/08, the letter of acceptance issued in favour of the petitioner was cancelled. Upon receipt of the letter revoking the letter of acceptance and the show cause notice, the petitioner responded by his representation dated 31. 3. 08. The petitioner called upon the Chief Engineer, Basic Health Project and the programme Director to inform him particulars regarding false/forged documents allegedly submitted by him. He was then informed by the Chief Engineer by his letter dated 2. 4. 08 that the Manager, Sainthia Branch of the said Bank had confirmed that the bank certificate assuring credit facilities as submitted by him was fake. The petitioner again replied by his letter dated 15. 4. 08. He expressed helplessness at the said Bank conveying that the certificate issued by it is fake. However, he prayed for further time so that necessary certificate by a nationalised bank may be issued for extending him credit facility.

(3.) AT this juncture, by letter dated 18. 6. 08 the Programme Director conveyed the decision taken by him to the effect that the petitioner would be debarred from participating in bids relating to works under Health and Family Welfare department, Government of West Bengal for a period of 5 years from date of issue thereof for vitiating the bidding process and misleading the Government in the evaluation of bids by submitting false/forged documents in support of his credentials. Though the petitioner by his letter dated 15. 4. 08 had expressed his absence of faith in the said Bank, he again wrote to the Chief Executive Officer thereof on 19. 4. 08 and requested him to issue a fresh certificate of assurance for credit facility in his favour. The Chief Executive Officer of the said Bank on the basis of the prayer of the petitioner now assured by his letter dated 23. 4. 08 addressed to the Programme Director that the said Bank was agreeable to extend credit facility to the petitioner. By the said letter, it was reiterated that the branch Manager of the said Bank had no authority to issue bank certificate of assurance for credit facility to anybody and it is he who had the sole authority in this respect. Armed with this letter of the Chief Executive Officer of the said bank, the petitioner again approached the Programme Director with a request to consider his case on humanitarian ground and to issue work order upon withdrawal of the order revoking the letter of acceptance citing that he was never at fault for submission of the certificate dated 11. 10. 07. The petitioner's request was not acceded to by the respondents. Questioning the orders of the respondents revoking the letter of acceptance and debarring him from participating in any bid of the Health and Family Welfare department of the Government for five years, the petitioner approached this court by filing a writ petition bearing W. P. No. 9096 (W) of 2008 (hereafter the first writ petition ).