HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.27777 of 2021
ORDER:
The petitioners have participated in tender, issued by the 2nd respondent, by way of notification dated 02.03.2021, for maintenance and upkeep of lifts in Visakhapatnam Steel Plant. It appears that a sister concern of the 1st petitioner company also participated in tenders for similar works since 1993. The sister concern i.e., M/s.BECO Elevator Engineering had been debarred from participating in tenders from 03.08.2017 to August, 2020. It appears that even after of the period of black listing had ended, the sister concern was unable to use the user ID, for participating in tenders. This issue was brought to the notice of the Independent External Monitor. However, the tender in which this issue came up was cancelled in March, 2021 and a fresh notification was issued on 02.03.2021.
2. The 1st petitioner being interested in participating in the said tender had sought to participate, independent of the sister concern whose user ID had been blocked earlier. In any event, it appears that due to certain miscommunications both the sister concern and the petitioner company ended up participating in the tender process with two separate IDs. On account of this participation by both sister entities, the 2nd respondent conducted an investigation, through the Independent External Monitor, who had held both the entities to be in violation of the tender process and guidelines and 2 recommended award of a minimum punishment taking into account the inadvertent mistake committed by both the entities.
3. However, the 2nd respondent, after considering the report of the Independent External Monitor, had again debarred both the sister concern and the 1st petitioner, from participation in future tenders, for a period of three years w.e.f. 05.08.2021.
4. Aggrieved by the said direction, the sister concern of the 1st petitioner had approached this Court, by way of W.P.No.19830 of 2021 which was partly allowed on 11.11.2021, modifying the punishment accorded to the sister concern of being debarred, for a period of three years w.e.f. 05.08.2022 from participation in future tenders to a period of six months only.
5. The petitioners have now approached this Court, by way of the present writ petitioner contending that the order of the 2nd respondent in proceedings Ref.No.VSP/2021/WCD/536 dated 09.08.2021, barring the 1st petitioner, from participating in the tenders of the 2nd respondent, for a period of three years requires to be modified in the light of the Judgment of this Court dated 11.11.2021 in W.P.No.1980 of 2021.
6. Heard Sri V.V.Anil Kumar, learned counsel for the petitioners and Sri V.Subrahmanyam, learned counsel for the respondents.
7. The proceedings which were under challenge in W.P.No.19830 of 2021 arise out of a common investigation, conducted by the Independent External Monitor and the orders 3 passed against both the sister concern of the 1st petitioner, by the 2nd respondent, arose out of the said report of the Independent External Monitor.
8. A learned Single Judge of this Court after considering the report of the Independent External Monitor and the order of the 2nd respondent debarring the sister concern, for a period of three years had held, after considering the merits of the case, that punishment of debarring of the sister concern of the three years were not warranted and reduced the same to a period of six months.
9. As the challenge to the impugned order of the 2nd respondent is on the same ground, the judgment of the learned Single Judge in W.P.No.19830 of 2021 dated 11.11.2021 would also be applicable to the present case.
10. Accordingly, this writ petition is disposed of
directing the impugned proceedings
Ref.No.VSP/2021/WCD/536 dated 09.08.2021 of the 2nd
respondent to be read as debarring the 1st petitioner, from participating in the tenders of the 2nd respondent, for a period of six months from 09.08.2021. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
____________________________ R. RAGHUNANDAN RAO, J.
12.08.2022 RJS 4 HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION No.27777 of 2021 12.08.2022 RJS