RAJIV KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) The present writ petition has been filed by the petitioner claiming the following reliefs :-

(3.) Briefly stated the facts of the case, according to the petitioner, are that the petitioner is a registered contractor under the Minor Irrigation Department, Government of Bihar, Patna. The Chief Engineer, Minor Irrigation Department, floated a Notice Inviting Tender No. 13/2021-22 dtd. 23/3/2022 relating to various renovation and restoration works in the District of Gaya, Arwal, Nawada, Kaimur, Mohania and Patna under different irrigation schemes. The petitioner responded to the aforementioned NIT and submitted his Bid document along with all other valid certificates. It has come to the knowledge of the petitioner that during processing of the Tender, a complaint of general nature with regard to genuineness of the certificates being submitted by the prospective Bidders was lodged at the instance of one of the contractors, viz. M/s. R K Associate, intimating the Department that certain contractors are submitting certificates relating to eligibility criteria with interpolations in it. The Technical Bid Evaluation Committee convened its meeting on 30/7/2022 and, after considering the complaint, decided to disqualify the petitioner and the Committee resolved to recommend/ report the matter to the Departmental Tender Committee headed by the Additional Chief Secretary. Thereafter, the Departmental Tender Committee comprising four members presided by the Additional Chief Secretary convened its meeting on 27/9/2022 and considered the recommendation of the Chief Engineer as contained in Letter no. 1637 dtd. 30/7/2022 and accepted the proposal of the Technical Bid Evaluation Committee rejecting the Technical Bid of certain Contractors and directed the Chief Engineer to initiate an appropriate action against such contractors. In compliance of the direction contained in the aforesaid proceedings of the Departmental Tender Committee, the Executive Engineer vide his letter no. 2311 dtd. 11/10/2022 issued a Notice to Show Cause against the petitioner seeking an immediate reply as to why appropriate action be not taken under the provisions of Bihar Contractors Registration Rules, 2007 for interpolating in "work done value". The petitioner responded to the aforesaid Show Cause Notice vide Letter dtd. 5/12/2022 explaining all the circumstances and requested for exoneration and dropping of the proceedings. Thereafter, the Chief Engineer (In-charge) vide order contained in Letter No. 107 dtd. 20/2/2023, blacklisted the Registration of the petitioner (Registration No. 20/2019 Class I) for a period of 10 years in terms of Rule 11d 1/2(vii) of the Bihar Contractors Registration Rules, 2007. Being aggrieved by the said order of blacklisting, the petitioner filed the present Writ.