POLY GLASS FIBER INDUSTRIES PRIVATE LTD Vs. STATE OF BIHAR THROUGH ITS PRINCIPAL SECRETARY WATER RESOURCES DEPARTMENT

JUDGEMENT

(1.) This writ petition has been filed by the petitioner for the following reliefs:-

(2.) Learned counsel for the petitioner also stated that earlier vide order dated 18.9.2009, respondent-authorities rescinded the award of contract for supply of F.R.P. Fibre glass boats with Out Boad Motors and other accessories as well as supply of 120 Inflatable Motor boats with Out Boad Motor and accessories and the petitioner was blacklisted and its performance guarantee was seized. Thereafter, on 16.10.2009 fresh tender in relation to the said supplies was called for. The said orders were challenged by the petitioner vide C.W.J.C. No. 14691 of 2009. The said writ petition was considered by a Bench of this Court and vide order dated 12.5.2010 (Annexure-1), the said writ petition was dismissed after arriving at a finding that though the situation in which the petitioner had reached was its own creation, but there were circumstances when situation spun out of the hands of a supplier. Hence the Water Resources, Government of Bihar was given liberty to reconsider the question of forfeiture of performance guarantee money and the Bank guarantee furnished by the petitioner as the direction for non-payment for the supply was a punishment enough to it. So far the participation of the petitioner in future tender and its blacklisting are concerned, the Court refused to decide those issues giving liberty to the petitioner to first move the departmental authorities concerned and exhaust remedy provided under the rule.

(3.) In view of the aforesaid order, the authorities considered the matter and vide order dated 19.7.2010 (Annexure-2) allowed the petitioner to take part in the future tenders of the department, but refused to recall their order regarding forfeiture of performance guarantee and Bank guarantee. Hence, the petitioner challenged that part of the order vide C.W.J.C. No. 12671 of 2010 and the said writ petition was disposed of by a Bench of this Court vide order dated 2.5.2011 (Annexure-3) after coming to the conclusion that from a perusal of letter dated 14.6.2010, it transpired that it was only a proposal and on the basis of the said proposal, order dated 19.7.2010 had been passed and no other order had been produced to show that any detailed order was passed by the authorities in compliance of the order of the High Court and hence the earlier order of this Court dated 12.5.2010 was not followed in its letter and spirit by the authorities concerned and hence the impugned order cannot be sustained in law. Accordingly, the said order dated 19.7.2010 was quashed and the Director, Purchase, Store and Material Management, Directorate of Water Resources Department, Government of Bihar was directed to pass a fresh and speaking order considering all aspects of the matter in accordance with law within two months from the date of receipt/production of a copy of the said order.