KSHITIJ SAMUH SEVA SANSTHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this writ petition, a challenge is made to the order dated 2nd March, 2017, whereby the petitioner-society was debarred to participate in the tender. The order aforesaid has been passed by invoking Section 46 of the Rajasthan Transparency in Public Procurement Act, 2012 (for short "the Act of 2012").

(2.) Learned counsel for petitioner-society submits that no opportunity of hearing was given prior to passing of the adverse order affecting its business. In view of above, principles of natural justice have been violated. He further submits that case in hand does not fall under Section 46 of the Act of 2012 yet it has been invoked. Section 46 of the Act of 2012 can be invoked if it falls under sub-section (1)(a)(b). Taking into consideration the aforesaid also, impugned order deserves to be set aside. The prayer is to set aside the order moreso when it does not even specify the period of debarration.

(3.) Learned Additional Advocate General has contested the writ petition in reference to Section 46 of the Act of 2012. It is also submitted that notices prior to passing of the impugned order were given thus even compliance of principles of natural justice has been made. The detailed facts pertaining to the case have also been narrated forming the basis to debar the petitioner-society from participation in the tender proceedings.