DUMKA TRADERS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been preferred against the order of the Jail Purchase Committee as contained in memo no. 921 dated 20.04.2017 to the extent it declares the petitioner ineligible and also debars it from participating in all future bids.

(2.) The case of the petitioner is that it had participated in e-tender dated 08.12016 floated by Jail Purchase Committee for the financial quarter 01.01.2017 to 31.03.2017 and it was made eligible for supply of Arhar Dal. In the meantime, the petitioner represented the I.G, Prisons, Jharkhand, Ranchi on 07.01.2017 with respect to the anomalies in the bidding process held on 06.01.2017 as according to the petitioner, even after e-tender, postal bidding was entertained which was contrary to the guidelines and circulars of the Central Vigilance Commission (CVC). Thereafter, the petitioner also made representations on 20.01.2017, 201.2017 and 25.01.2017 to the Superintendent, Birsa Munda, Central Jail, Hotwar, Ranchi regarding the attitude of the jail officials in not taking the supply of Arhar Dal, however, nothing was done. Suddenly, the petitioner was served with the show-cause notice on 14.02017 alleging that the queries made by the petitioner is just to make an excuse for not fulfilling the supply order. The petitioner was also asked to show-cause as to why it should not be debarred from participating in all future tender processes. The petitioner replied the show-cause on 19.02017 stating that in spite of bonafide conduct of the petitioner, the supply of the food articles has not been received by the respondent authorities. However, the petitioner was served upon the order as contained in memo no. 921 dated 20.04.2017, whereby the Jail Purchase Committee on the basis of the direction given by the I.G, Prisons and Jail Superintendent, Birsa Munda Central Jail, Ranchi vide memo no. 1888/Jail dated 19.04.2017 and 3415/Jail dated 19.04.2017 respectively, treated the petitioner ineligible in the tender for the quarter 01.04.2017 to 30.06.2017 and for all future tenders.

(3.) The learned counsel for the petitioner submits that the impugned order dated 20.04.2017 has been passed in violation of the principles of natural justice as no opportunity of hearing was given to the petitioner while passing the said order. It is further submitted that the order of blacklisting for an indefinite period is against the law laid down by the Honourable Supreme Court. It is also submitted that earlier also, the respondents had floated tender for supply of food items in Birsa Munda Jail, Hotwar, Ranchi for a period of 3 months i.e., from 01.10.2016 to 31.12.2016, however, the petitioner was not allowed to participate in the tender which further shows arbitrariness on the part of the respondents.