RAPS INFRATECH PVT. LTD Vs. STATE OF ODISHA

JUDGEMENT

(1.) RAPS Infratech Pvt. Ltd., a company incorporated under the Companies Act, 1956 and registered as a Super Class Contractor, being petitioner no.1, and its Managing Director, being petitioner no.2, have filed this writ petition seeking to quash the notice of show cause dtd. 5/6/2023 issued by the Chief Engineer, World Bank Projects, Odisha-opposite party no.2 regarding blacklisting of petitioner no.1-company and consequential office order dtd. 16/6/2023 blacklisting the petitioner for a period of three years, pursuant to Sub-rules (a) and (d) of Rule-A of Appendix-XXXIV of the OPWD Code Volume-I1, on the ground of persistent and intentional violation of important conditions in tendering process, and as per Clause-2.3 of the DTCN (procedure to participate in online bidding e-procurement) of the work 'Improvement to Deobandha-Chandahandi Road (ODR) from 22/00 Km to 32/00 Km. in the District of Nabarangpur under NABARD Assistance' vide Bid Identification No. CE-WBP (O)-27/2021-22 dtd. 22/12/2021.

(2.) The factual matrix of the case, in precise, is that the Government of Odisha through opposite party no.2-Chief Engineer (World Bank Project) floated tenders for about 20 number of works including 'Improvement to Deobandha-Chandahandi Road (ODR) from 22/00 Km to 32/00 Km. in the District of Nabarangpur under NABARD Assistance', vide Bid Identification No. CE-WBP (O)-27/2021-22 dtd. 22/12/2021. The extended last date for submission of bid for this work was 14/2/2022.

(3.) Mr. Goutam Mukherjee, learned Senior Advocate appearing along with Ms. Kirtika Banerjee, learned counsel for the petitioners vehemently contended that though the predicament of the petitioners was communicated on different occasions and even when the notice dtd. 5/6/2023 was issued, the petitioners submitted their reply on 10/6/2023 informing the reasons for non-production of documents for verification due to the illness of opposite party no.2, but the same was not taken into consideration, rather, on the basis of the opinion rendered by the Law Department dtd. 30/5/2023 by making a misrepresentation of the order of this Court dtd. 12/8/2022 passed in W.P.(C) No. 18726 of 2022, the opposite parties took steps for blacklisting of petitioner no.1. In addition to this work, two more work orders were issued by the Works Department in favour of petitioner no.1-company, namely, (1) 'For widening and strengthening of Koksara Behera Road from 7/210 to 14/900 Kms in the District of Kalahandi' at an agreement value of Rs.10.20,40,699 with stipulated dates of commencement and completion being 21/10/2022 and 20/8/2023 respectively vide agreement no. 61/P1/2022-23; and (2) 'Improvement to Ampani Dharmgarh Road (ODR) from 0/00 to 15/00 kms in the District of Kalahandi' at an agreement value of Rs.13,98,77,999.00 with stipulated dates of commencement and completion being 21/10/2022 and 20/2/2024 respectively vide agreement no. 62/P1/2022- 23. These two works have been successfully executed by the petitioners and are nearing completion, without any complaint from any quarter whatsoever. It is further contended that when a notice of show cause was issued on 5/6/2023, petitioner no.2 submitted his reply indicating the difficulties because of his ailment referring to the certificates issued by different hospitals. But the same was not considered in proper perspective and the order impugned dtd. 16/6/2023 was passed vide Annexure-9 series, whereby petitioner no.1 has been blacklisted for a period of 3 (three) years and its Special Class Contractor Registration Certificate has been suspended banning him from participating and bidding for any work to be undertaken by the Government of Odisha, and its online portal, wherefrom petitioner no.1 participates in the bidding process, has been blocked. The entire action is arbitrary, unreasonable, contrary to the provisions of law and violates the principles of natural justice. As such, no reason has been assigned in the order impugned save and except indicating that it has been blacklisted in view of the codal provisions of Sub-rules (a) and (d) of Rule-A of Appendix-XXXIV of the OPWD Code Volume-I1 on the ground of persistent and intentional violation of important conditions in tendering process and as per Clause-2.3 of the DTCN (procedure to participate in online bidding e-procurement) of the work in question. It is contended that such reason for blacklisting petitioner no.1-company is absolutely misconceived one.