LAWS(ORI)-2023-9-106

KALINGA WARRIORS SECURITY SERVICE Vs. STATE OF ODISHA

Decided On September 22, 2023
Kalinga Warriors Security Service Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) THE CHALLENGE: 1. The petitioner, a security and manpower service provider, laid challenge to the Letter No.12862, dtd. 18/11/2022 issued by the Chief District Medical and Public Health Officer, Bhadrak addressed to M/s. Bhabani Security Agency to accord consent along with declaration to provide service on outsourcing basis under 'Nirmal' and Letter No.13126, dtd. 24/11/2022 calling upon said M/s. Bhabani Security Agency to furnish performance security deposit on acceptance of assignment vide Annexure-6 series for undertaking work in Request for Proposal: Outsourcing of Security Services at Government Health Institutions being RFP Reference No. Nirmal/Security Services/District: Bhadrak-14/2020, dtd. 3/12/2020 (Annexure-8), invoking provisions of Article 226/227 of the Constitution of India.

(2.) Sri Manas Jena, contractor, for executing security and manpower service under Executive Officer of Banki Notified Area Council in the District of Cuttack, got licence in the name and style 'M/s. Kalinga Warriors Security Services', At/P.O.: Basandhara, P.S.: Biridi, Jagatsinghpur, issued by Licensing Officer under Contract Labour (Regulation and Abolition) Act, 1970-cum-District Labour Officer, Cuttack.

(3.) Counter-Affidavit has been filed by the opposite party Nos.3 to 5 by contending that the Tender Committee comprising of District Accounts Manager, National Health Mission; District Programme Manager, National Health Mission; Additional District Public Health Officer (Family Welfare); District Medical Officer (MS)-cum-Superintendent, District Headquarters Hospital, Bhadrak; District Public Health Officer, Bhadrak; Additional District Public Health Officer (VBD); Additional District Public Health Officer (TB); Additional Project Director, Finance DRDA on representative of Collector and DM; Chief District Medical and Public Health Officer, Bhadrak, considered papers of ten agencies who participated in the tender and while finding bids of eight participants 'disqualified', two agencies, namely, M/s. L&K Services and M/s. Bhabani Security Agency-petitioner were 'qualified'. The proceeding was signed by all the Members of Tender Committee. Then the work plan was presented and Financial Bid was opened on 30/3/2021. M/s. L&K Services secured 44.50 marks when M/s. Bhabani Security Agency got 42.7 marks. As both the bidders quoted the same price in the Financial Bid, M/s. L&K Services and M/s. Bhabani Security Agency were selected as L-1 and L-2 respectively. All the Members of the Tender Committee signed it and the same was duly approved by the Collector and District Magistrate, Bhadrak. It is asserted that the entire exercise was done strictly following the RFP.