COMMANDO INDUSTRIL SECURITY FORCE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present case is taken up through video conferencing.

(2.) The present writ petition has been preferred for quashing the Notice Inviting E-Tender No. 03/2020-21 issued by the Superintendent, Hazaribagh Medical College Hospital, Hazaribag (respondent no. 3) and uploaded in the website on 10/9/2020 for outsourcing of agency for complete sanitation and housekeeping with collection, segregation, storage and safe transportation of municipal waste and segregation of biomedical waste at Hazaribag Medical College Hospital, Hazaribag (hereinafter referred to as the "present NIT") through e-tenders invited in two parts system (Technical and Price bid) for a minimum period of one year or extendable up to three years.

(3.) The learned counsel for the petitioner submits that earlier the Civil Surgeon-cum-Chief Medical Officer, Hazaribagh (the respondent no. 4) had invited Notice Inviting E-Tender No. 04/2019-20 from eligible and reputed service providers for outsourcing of Agency for complete sanitation and housekeeping at different hospitals/offices including Hazaribag Medical College Hospital, Hazaribag under the Health Department, Hazaribagh through e-tenders in two parts system (Technical and Price bid) for a minimum period of one year or extendable up to three years. The petitioner participated in the said tender and after being declared L-l, he was allotted the said work vide letter no. 1935 dtd. 25/10/2019. An agreement to that effect was executed between the petitioner and the respondent no. 4 on 26/10/2019. The petitioner was doing the work without any complaint from the side of the respondents, however the respondent no.3 has issued the present NIT vide e-tender uploaded in the website on 10/9/2020. Thereafter, the petitioner made representations dtd. 10/9/2020 and 11/9/2020 before the respondent authorities for redressal of grievances requesting cancellation of bid document no. 03/2020-21, payment of its outstanding dues as well extension of the said work order, but the respondent authorities are sitting tight over the matter and are proceeding ahead with the present NIT. It is further submitted that before issuing the present NIT, the agreement of the petitioner was neither rescinded nor cancelled by the respondents and till date the petitioner is doing the work in question. It would be evident from condition-14 of the work order issued in relation to NIT no.- 04 of 2019-20 that the said work order was valid for one year from the date of agreement and on finding the work satisfactory, the period could be extended for another year and since there was no complaint against the quality of the petitioner's work, the respondents were required to give extension of the said work. It is also submitted that the petitioner has been working since November, 2019 and an amount of Rs.2.00 crore (approx.) is unpaid to it by the respondent authorities, however without paying the due amount of the petitioner, the respondent no.3 has issued the present NIT just to cause wrongful loss to it. The petitioner has been diligently and earnestly providing the services during the Covid-19 pandemic without any interruption or complaint and as such it had a legitimate expectation that on account of its satisfactory service, the period of agreement would be extended as provided under the work order dtd. 25/10/2019. The respondents are bound by the terms and conditions of the agreement as well as the work order which inter alia provide for extension of period of the agreement in favour of the petitioner on rendering satisfactory services. However, without having recorded any dissatisfaction as against the services provided by the petitioner, the respondent no. 3 has invited fresh offers for the same service which is illegal and arbitrary.