ARUN CONSTRUCTIONS COMPANY, LUDHIANA Vs. CHIEF ENGINEER, PUNJAB AGRICULTURAL UNIVERSITY, LUDHIANA AND ANOTHER

JUDGEMENT

(1.) Prayer in this writ petition filed under Articles 226/227 of the Constitution of India is for quashing the impugned order dated 4.7.2016 (Annexure P-6) passed by respondent No.2 debarring the petitioner for tendering in future for a period of two years.

(2.) Put shortly, the facts necessary for adjudication of the instant writ petition as narrated therein may be noticed. The petitioner is an enlisted Class-I Contractor as per certificate dated 28.7.2014 (Annexure P-2) for civil works. The petitioner had been carrying out various works under the contract with State Government and Punjab Agricultural University and had successfully completed many works allotted to it which is discernible from the completion certificate (Annexure P-3). Respondent No.2 issued a public notice inviting tenders from the registered contractors having Class-I license for laying of reinforced cement concrete road. In response thereto, the petitioner applied for the tender. The petitioner qualified the technical bid and after completing the formalities including the completion certificates of similar nature of works and deposit of earnest money of Rs. 25,700/-, the financial bid of the petitioner was opened. The petitioner being the lowest bidder was awarded the work vide letter dated 17.11.2015 (Annexure P-4). The work was to be completed within a period of six months commencing from 2.12.2015. The petitioner on the availability of Junior Engineer from the concerned department visited the site on 5.1.2016 and received the layout plan to start the work and requested for providing the necessary infrastructure to store the raw materials required for the work. However, respondent No.2 vide order dated 20.1.2016 (Annexure P-5) withdrawn the work allocated from the petitioner due to non-start of the same within the stipulated period and forfeited the earnest money deposited by the petitioner. Respondent No.2 vide order dated 4.7.2016 (Annexure P-6) informed the petitioner that the Tender Purchase Committee in its 1 st meeting held on 9.2.2016 had debarred the petitioner to quote their rates of the tenders/quotations for a period of two years from the date of issuance of the letter. Hence, the present writ petition.

(3.) Learned counsel for the petitioner submitted that respondent No.2 vide order dated 4.7.2016 (Annexure P-6) had blacklisted and debarred the petitioner along with others for a period of two years without affording an opportunity of hearing. It was also urged that the impugned order does not satisfy the test of being a reasoned and speaking order and was, thus, liable to be quashed. It was further submitted that the impugned order has been passed in violation of the principles of natural justice.