Jharkhand High Court
M/S B.K. Hi-Tech Consultancy ... vs The State Of Jharkhand & Ors on 28 November, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Writ Jurisdiction]
W.P.(C) No. 3556 of 2020
M/s B.K. Hi-tech Consultancy Services Pvt. Ltd. .... .. ... Petitioner
Versus
The State of Jharkhand & Ors. .. ... ... Respondents
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
.........
For the Petitioner : Mr. Vishal Kumar Tiwary, Advocate
Mrs. Sunita Kumari, Advocate
For the Respondents-State : Mr. Mohan Kumar Dubey, AC to AG
The matter is being taken up through Video Conferencing. Learned counsel for the parties
have no objection with it and submitted that audio and video qualities are good.
......
05/ 28.11.2022.
Heard, learned counsel for the parties.
Petitioner- M/s B.K. Hi-tech Consultancy Services Pvt. Ltd. has preferred this
writ petition for quashing the letter No.JMC-HR-1/ Admin- 19/86/2056 dated
06.10.2020 (Annexure-5) issued under the signature of authorized Managing
Director, Jharkhand Medical Health Infrastructure Development & Procurement
Corporation Ltd. (respondent no.3) whereby the petitioner has been debarred from
providing any type of services to any institutions of the Jharkhand Govt. and was
placed under Black List for indefinite period in a most illegal and arbitrary manner
without giving opportunity to the petitioner of being heard and also for grant of
other consequential benefit for which the petitioner is entitled in accordance with
law.
Learned counsel for the petitioner, Mr. Vishal Kumar Tiwary assisted by
learned counsel, Mrs. Sunita Kumari has submitted, that even if the petitioner has
committed such mischief he cannot be debarred for indefinite period, in view of
the judgment passed by the Apex Court in the case of Kulja Industries Limited vs.
Chief General Manager, Western Telecom Project Bharat Sanchar Nigam
Limited and Others, reported in (2014) 14 SCC 731. Relevant para 25 is quoted
hereunder: -
25. "suffice it to say that the "debarment" is recognised and often used as an effective
method for disciplining deviant suppliers/ contractors who may have committed acts of
omission and commission or frauds including misrepresentations, falsification of records
and other breaches of the regulations under which such contracts were allotted. What is
notable is that the "debarment" is never permanent and the period of debarment would
invariably depend upon the nature of the offence committed by the erring contractor."
Learned counsel for the respondents-State, Mr. Mohan Kumar Deubey, AC to
AG has submitted, that counter-affidavit has been filed by Brajesh Kumar, General
Manager (Procurement) on 28.07.2021 stating therein that petitioner has produced
false and fake documents, which came into light after enquiry report submitted by
three members committee and on the basis of that the F.I.R. has been registered
against the petitioner being Namkum P.S. Case No.180/2020 and 179/2020,
which has been brought on record.
Learned counsel for the respondents-State has fairly submitted, that so far
debarment is considered, it cannot be for indefinite period as it has been held by
the Hon'ble Apex Court in the case of Kulja Industries Limited (supra).
Considering the rival submission of the parties, debarment cannot be for
indefinite period, in view of the judgment passed by the Hon'ble Apex Court as
referred above.
Accordingly, the instant writ petition is disposed of.
State is directed to expedite the trial of criminal case being Namkum P.S. Case
Nos.180/2020 and 179/2020, so that such thing may not reoccur in the State of
Jharkhand.
Let a copy of this order be communicated to the Home Secretary, Government
of Jharkhand through FAX/e-mail.
(Kailash Prasad Deo, J.)
R.S.
