Ashish Ranjan vs Bihar Medical Services And ...
2023 Latest Caselaw 128 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.3289 of 2022
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Ashish Ranjan Son of Sri Krishna Murari Prasad Resident of Village - Tahwal Bigha, P.O. Sughri, P.S. - Hisua, District - Nawada.

... ... Petitioner/s Versus

1. Bihar Medical Services and Infrastructure Corporation Limited through its Managing Director, 4th Floor, Bihar State Building Construction Corporation Limited, Hospital Road, Shastri Nagar, Patna-23.

2. The Managing Director, Bihar Medical Services and Infrastructure Corporation Limited, 4th Floor, Bihar State Building Construction Corporation Limited, Hospital Road, Shastri Nagar, Patna-23.

3. The Chief General Manager, Bihar Medical Services and Infrastructure Corporation Limited, 4th Floor, Bihar State Building Construction Corporation Limited, Hospital Road, Shastri Nagar, Patna-23.

4. The General Manager, Bihar Medical Services and Infrastructure Corporation Limited, 4th Floor, Bihar State Building Construction Corporation Limited, Hospital Road, Shastri Nagar, Patna-23.

5. The General Manager (Finance), Bihar Medical Services and Infrastructure Corporation Limited, 4th Floor, Bihar State Building Construction Corporation Limited, Hospital Road, Shastri Nagar, Patna-23.

6. The Dy. General Manager (Project), Bihar Medical Services and Infrastructure Corporation Limited, 4th Floor, Bihar State Building Construction Corporation Limited, Hospital Road, Shastri Nagar, Patna-23.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Narain, Sr. Advocate Mr. Manish Sahay, Advocate Mr. Anil Kumar Sinha, Advocate For the Respondent/s : Mr. Vikash Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 10-01-2023

Heard Mr. Rajendra Narain, the learned Senior

Advocate for the petitioner and Mr. Vikash Kumar for the Patna High Court CWJC No.3289 of 2022 dt.10-01-2023

respondent/Bihar Medical Service Infrastructure

Corporation Limited.

The grievance of the petitioner is that even

though he was declared the lowest bidder and was finally

selected by the departmental Financial Tender Committee

on 11.08.2021, but till the date of filing of the instant

petition and till this date also, the letter of acceptance has

not been given to him nor any consequential agreement

has been entered into with the petitioner for commencing

the work under the Tender.

The counter affidavit however discloses that the

respondent/corporation was intimated that another

Undertaking of the Government viz. the Bihar State

Educational Infrastructure Development Corporation Ltd.

had debarred the petitioner for one year for taking part in

any Tender by the aforesaid department. This debarment,

though was only for the concerned corporation viz. Bihar

State Educational Infrastructure Development Corporation

Ltd. but according to the Tender papers in the present Patna High Court CWJC No.3289 of 2022 dt.10-01-2023

instance, such debarment by any Government corporation

would render the Tender papers offered by such debarred

entity as not acceptable. This has been penned down in

Clause 29 of the Notice Inviting Tender (NIT) which was

issued on 09.07.2021.

Per force, Clause 30 of the NIT is also required to

be taken note of which makes it obligatory on the offerer

to disclose any such debarment/blacklisting or recession of

an agreement within last one year.

Mr. Narain has very categorically argued that the

debarment order by the Bihar State Educational

Infrastructure Development Corporation Ltd. was passed

on 03.09.2021, which was to operate for one year. Thus

the period of debarment ceased on 02.09.2022. The

petitioner has also intimated this fact to the

respondent/corporation on 04.12.2021. There is no

dispute over this fact, as Mr. Vikash Kumar has fairly

submitted, that such information of debarment was not

hidden by the petitioner. The corporation therefore was to Patna High Court CWJC No.3289 of 2022 dt.10-01-2023

take the decision when the force of the debarment order

had ceased to operate. Otherwise also, the Corporation

was required to intimate the offerer/the petitioner that his

papers were not being accepted for the reason of the

debarment order by another Government company. Till

date, such information is only in the contemplation of the

respondent/corporation.

We are at a loss to understand as to how an

offerer who has been declared L-1 bidder and is expecting

an agreement with the respondent/corporation for

commencing his work, would come to know about any

decision having been taken of no consideration of his

tender papers.

In the aforesaid circumstances, we find that such

decision is only adhoc/for the purpose i.e. for meeting the

arguments of the petitioner in the present writ petition.

This reasoning is further reinforced and

buttressed by the argument of Mr. Narain that the

schedule/calendar fixed by the department was not Patna High Court CWJC No.3289 of 2022 dt.10-01-2023

followed as after the determination of the lowest bidder

and his selection, necessary consequential action was to be

taken within a couple of days. Thus, we find that the

respondent/corporation has not taken any decision or else

that would have been communicated to the petitioner.

Under the aforesaid circumstances, we deem it

appropriate to direct the respondent/corporation to take a

decision afresh keeping in account that the petitioner had

not hidden any fact with respect to its debarment by a

Government company, which period had been spent when

the tender papers were offered by him and he was

declared to be the lowest bidder, being responsive to all

other requirements under the Tender. It is expected that a

fresh decision would be taken, taking into account that the

debarment of the petitioner for one year by another

Government company was not in operation and therefore

the petitioner had a clean slate to offer. Let such decision

with supporting reasons be taken within a period of three

weeks, which shall be intimated to the petitioner forthwith.

Patna High Court CWJC No.3289 of 2022 dt.10-01-2023

The application is disposed of with the afore-

noted direction.

                                                                   (Ashutosh Kumar, J)


                                                                   (Satyavrat Verma, J)

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Uploading Date          13.01.2023
Transmission Date