ASHOK KUMAR MALHOTRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) AGGRIEVED by the order contained in 27.04.2015 whereby, the petitioner has been placed in the list of contractors who have been debarred from participating in future tender floated by Rural Works Department, Jharkhand State Rural Road Development Authority (JSRRDA) and other agencies of Central Government working in the State of Jharkhand, the present writ petition has been filed.

(2.) THE petitioner, a partnership firm, pursuant to advertisement issued in local newspapers participated in the tender floated for construction of road in L.H.G.17 N.P.CC 23 and L.H.G.13 N.P.C.C.24. Finally, works were allotted to the petitioner and the petitioner completed major part of the works in question. However, due to difficulties on account Naxal and Forest problems the work was hindered and therefore, the petitioner informed the Zonal Manager, NPCC Ltd., Ranchi. Accordingly, a meeting was held on 27.02.2013 in presence of the Principal Secretary, R.W.D.cumCEO, JSRRDA and other Government officials and the status and progress of work was reviewed. Vide letter dated 18.03.2013, the decision taken in the review meeting was communicated to the petitioner. However, the respondentSecretary, Rural Works Department, issued letter dated 27.04.2015 whereby, 72 Contractors/Agencies were debarred from participating in future tenders. The name of the petitioner appears at Sl. No. 8 in the list appended to letter dated 27.04.2015.

(3.) MR . Anil Kumar Sinha, the learned Senior Counsel for the petitioner submits that review meeting held on 27.02.2013 was chaired by the Secretary, Rural Works Department and in his presence a decision was taken to close the package. The petitioner, who has been paid the entire amount for the work executed by him, has also been however, put in the list of the Contractors/Agencies which have been debarred from participating in future tender. It is further submitted that the tender notice was floated by National Project Construction Corporation (NPCC) Ltd. and the agreement with the petitioner was also executed by the NPCC Ltd. and therefore, the respondentSecretary, Department of Rural Works Department has no authority to debar the petitioner from participating in future tenders.