LAVA INTERNATIONAL LIMITED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This case is taken up through video conferencing.

(2.) The present writ petition has been filed for quashing the order as contained in letter no.03/ISSNIP/2019-2020/1860/Sa.Ka. dtd. 15/12/2021 passed by the Director, Social Welfare, Department of Women, Child Development and Social Security (Social Welfare Directorate), Government of Jharkhand, Ranchi- respondent no.2 whereby the petitioner has been blacklisted for a period of one year.

(3.) The factual background of the case, as stated in the writ petition, is that on 3/3/2020 the respondent no.2 floated a tender on Government e-marketplace (GeM), an Online portal to facilitate public procurement of goods and services required by government departments/organizations/public sector undertakings, under Bid no. GEM/2020/B/569317 for procurement of 29134 smartphones. The petitioner as well as five other companies participated in the said tender and finally the petitioner was declared L1 bidder to supply smartphones @ Rs.6,700.00 (inclusive of GST) per unit; total cost of Rs.19.51 crores (approx.). The said tender was, however, subsequently cancelled. The respondent no.2 vide letter dtd. 20/8/2020 forwarded a complaint to the petitioner filed by an unknown person with respect to the documents submitted by it in the aforesaid tender. On receipt of the said letter, the petitioner submitted its reply on 22/8/2020 giving point wise response as sought by the said respondent. After lapse of more than one year i.e. on 23/8/2021, the respondents raised an online incident report on the GeM portal, alleging that the seller had submitted false declarations regarding certifications and availability of Toll Free number due to which they had to cancel the bid and the said procurement was delayed. Thereafter, the respondents escalated the incident on GeM portal on 20/9/2021. The administrator of GeM asked the petitioner to provide its comment on the said issue, which was duly provided by the petitioner on 20/9/2021, 11/10/2021 and 14/10/2021. On getting satisfied with the replies submitted by the petitioner, the complaint raised by the respondents was closed by the GeM portal without taking any action or making any adverse remark against it. Despite the said fact, the respondent no.2 passed the impugned order on 15/12/2021, blacklisting the petitioner for a period of one year. The petitioner immediately made objection to the said order vide letter dtd. 16/12/2021, but of no avail. Hence, the present writ petition.