BIMLA ENTERPRISES Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner in the present case is seeking a writ in the nature of writ of Certiorari to quash and cancel the order of cancellation of contract as contained in Annexure 'P/12, the letter dated 23.05.2019 as contained in Annexure 'P/17' issued under the signature of respondent no. '2' by which a direction has been issued to black list the petitioner, to lodge FIR against him and to stop payment for the work done by the petitioner during the period petitioner has rendered it's services pursuant to the award of contract in question. The petitioner has also challenged the order of blacklisting as contained in Annexure 'P/18' issued on 30.05.2019 by which the name of the petitioner firm has been permanently placed in the black list.

(2.) The facts as appearing on the records are that this petitioner participated in a tender for providing security services in Indira Gandhi Institute of Cardiology, Patna (in short 'IGIC'). The petitioner claimed that it was an empanelled agency with the Director General Resettlement (in short 'DGR'). The petitioner provided an undertaking dated 13.10.2018 to the respondents in support of the claim of the petitioner that the Agency is empanelled with the 'DGR'. Since the petitioner was declared L1 bidder, the work in question was awarded to the petitioner and an agreement as contained in Annexure 'P/7' got executed between the parties. After the petitioner deployed it's personnel and was executing the work, the petitioner was served with a show cause notice dated 16.03.2019 alleging that the letter of empanelment by 'DGR' dated 26th December, 2018 which was produced by the petitioner has been verified and it has confirmed that the said letter has not been issued by the office of DGR, Ministry of Defence, Government of India.

(3.) The show cause notice bearing no. 726 dated 16.03.2019 was served upon the petitioner and the petitioner submitted a reply thereto vide Annexure 'D' to the counter affidavit. The respondents have taken a plea that the reply submitted by the petitioner was not found satisfactory by the Purchase Committee, therefore, the said Committee recommended for cancellation of contract in question in the light of Clause '18' of the agreement.