Imperial Systems vs Bharath Sanchar Nigam Ltd
2022 Latest Caselaw 8552 Ker

                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

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

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

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.