IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 21499 OF 2022
PETITIONER/S:
IMPERIAL SYSTEMS,
ADOOR TOWERS CENTRAL ADOOR, PATHANAMTHITTA- 691 523,
REPRESENTED BY PROPRIETOR, ZAREENA SHAMSUDEEN, W/O.
SHAMSUDEEN, AGED 42 YEARS, EMBRAYAIL HOUSE, PAZHAKULAM
P.O, ADOOR, PATHANAMTHITTA 691 554.
BY ADVS.
B.VINOD
I.V.PRAMOD
K.V.SASIDHARAN
S.LEELA
SHAIJU GEORGE
SAIRA SOURAJ P.
RESPONDENT/S:
1 BHARATH SANCHAR NIGAM LTD.,
HARISH CHANDRA MATHUR LANE, JANPATH, NEW DELHI 110 001,
REPRESENTED BY ITS MANAGING DIRECTOR, MR. PRAVIN KUMAR.
2 CHIEF GENERAL MANAGER,
OFFICE OF THE CHIEF GENERAL MANAGER, BSNL, KERALA
CIRCLE, PATTOM, THIRUVANANTHAPURAM- 695 001.
3 GENERAL MANAGER TELECOM,
THIRUVALLA P.O, PATHANAMTHITTA DISTRICT 689 101.
4 DEPUTY GENERAL MANAGER,
BSNL, THIRUVALLA, PATHANAMTHTITA DISTRICT 689 101.
OTHER PRESENT:
SC FOR BSNL PREMJITH NAGENDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21499 OF 2022
2
JUDGMENT
Dated this the 6th day of July, 2022 The petitioner is aggrieved by Ext.P7 proceedings dated 20.04.2022, black listing him from participating in similar tenders in Pathanamthitta for a period of one year. The petitioner was earlier awarded the contract for maintenance and provisioning of Land Line, Broadband, ISDN and Leased Circuit in 9 clusters of Pathanamthitta District, by the first respondent/BSNL. According to the petitioner, blacklisting has impacted his participation in tenders conducted by the BSNL in other sectors also. In support of his contention, the petitioner refers to Ext.P9, whereby his bid for similar works at Thrissur stands rejected.
2. Adv.B.Vinod, learned Counsel for the petitioner, contended that, apart from the illegality in Ext.P7, the blacklisting should not affect the petitioner's right to participate in tenders other than those pertaining to Pathanamthitta.
3. Adv. Premjith Nagendran, learned Counsel WP(C) NO. 21499 OF 2022 3 appearing for the BSNL, submitted that there is no cause for apprehension since Ext.P7 order is clearly worded. Attention is drawn to the last paragraph of Ext.P7 which reads as under:-
"2) You are hereby debarred from participating in any similar tenders in Pathanamthitta BA for a period of one year with immediate effect."
3. Learned Standing Counsel also points out that the rejection at Thrissur is for the reason that the petitioner had suppressed his disqualification at Pathanamthitta in the bid application.
4. Having carefully scrutinised Ext.P7, with particular reference to the paragraph extracted above, I find substantial force in the contention that the order has the effect of interdicting the petitioner from participating for tenders in Pathanamthitta alone.
5. Learned Counsel for the petitioner submits that, as the petitioner has not challenged Ext.P9 in this writ petition, his liberty to challenge Ext.P9, should be left open.
In the result, the Writ Petition is closed, making it clear WP(C) NO. 21499 OF 2022 4 that the interdiction in Ext.P7, from participating the tenders floated by the BSNL, is only with respect to Pathanamthitta.
Sd/-
V.G.ARUN JUDGE RK WP(C) NO. 21499 OF 2022 5 APPENDIX OF WP(C) 21499/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LETTER OF INTENT DATED 7.2.2020 ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT.
Exhibit P2 A TRUE COPY OF THE TENDER DATED 2.1.2020 OF BSNL.
Exhibit P3 A TRUE COPY OF THE AGREEMENT FOR ADOOR CLUSTER DATED 22.2.2020.
Exhibit P4 A TRUE COPY OF THE LETTER DATED NIL ISSUED BY BSNL CASUAL CONTRACT LABOURS UNION (CITU).
Exhibit P5 A TRUE COPY OF THE LETTER DATED 17.03.2022 ISSUED TO THE PETITIONER. Exhibit P6 A TRUE COPY OF THE LETTER DATED 27.11.2021 OF BSNL EXTERNAL PLANT MAINTENANCE CONTRACTORS ASSOCIATION. Exhibit P7 A TRUE COPY OF THE LETTER NO. TENDER /EPM/GEN. CORR/2020-21 /35 DATED 20.04.2022 BY THE 4TH RESPONDENT AS AUTHORIZED.
Exhibit P8 A TRUE COPY OF ONE SUCH BANK GUARANTEE. Exhibit P9 A TRUE COPY OF THE LETTER NO.
AGMPLG/TCR/EXTL.
PLANT/MCTE/OUTSOURCING,TENDER/GENL/CORR/ 2021-22/38 DATED 27.06.2022.
Exhibit P10 A TRUE COPY OF THE LETTER DATED 27.04.2022.