Andhra Pradesh High Court - Amravati
Beco Lifts Private Ltd vs The Union Of India, on 12 August, 2022
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
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
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
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.27777 of 2021
12.08.2022
RJS
