Patna High Court
Sanjeev Ranjan vs The State Of Bihar on 30 January, 2024
Author: Rajiv Roy
Bench: Chief Justice, Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13788 of 2023
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Sanjeev Ranjan Son of Ram Naresh Sharma, Resident of Mohalla - Surkhikal,
Tilkamanjhi, P.S. - Barari Ward no. 26, District - Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Home (Jail) Department,
Govt. of Bihar, Patna.
2. The Inspector General of Prisons, Home (Jail) Department Bihar, Patna.
3. That District Magistrate, Gaya.
4. The Superintendent Central Jail Gaya.
5. The Superintendent, Sub Jail Sherghati,Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Satish Kumar Sinha, Advocate
For the Respondent/s : Mr. Md. Nadim Seraj ( GP 5 )
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJIV ROY)
Date : 30-01-2024
The present writ petition has been preferred for
quashing of the order/memo no. 8151 dated 27.12.2022
passed by the Superintendent, Central Jail, Gaya by which the
writ petitioner has been blacklisted and the security amount
forfeited.
2. The matrix of facts giving rise to the present writ
petition is/are as follows:
3. The petitioner claims to be an order supplier to
the Government and used to supply goods in the different jails
of Bihar.
Patna High Court CWJC No.13788 of 2023 dt.30-01-2024
2/8
4. In the light of Home Department (Prisons), Bihar
letter no. Prison Budget (Tender) 18/01/2019-2380 dated
30/03/2020
, separate Tenders were invited for the selection of
agencies/firms for the supply of food grains, green vegetables,
potatoes, onions and other miscellaneous goods as also the
manufacturing items of daily use for the prisoners and the
maintenance of office at the Central Jail, Gaya and the Sub
Jail, Sherghati, Gaya for the financial year 2022-2023.
5. The petitioner participated in the e-Tender and
since the prices quoted by him were found to be the lowest, he
became successful in getting the Tender. However, later on,
the petitioner discovered that the prices quoted by him were
misprinted from column nos. 1 to column no. 149 of part- 'C'
of the tender for the Central Jail, Gaya.
6. According to the petitioner, on 01.05.2022, he
made an application before the District Magistrate-cum-
Chairman Jail Purchase Committee, Central Jail, Gaya
(henceforth for short, 'the Committee') pointing out the
mistake stating that due to the computer misprint, he has
quoted the rates of most of the items at the universal rate of
Rs. 82/- which may be considered deleted.
7. The allegation is that despite the request made by
Patna High Court CWJC No.13788 of 2023 dt.30-01-2024
the petitioner, no attention was given towards the mistake and
he was later informed by the Superintendent, Central Jail
Gaya vide memo no. 3339 dated 03.06.2022 that annual rate
of food grains and other materials for the financial year 2022-
23 has been approved by 'the Committee'. The petitioner was
further directed to deposit in the form of Bank guarantee, Rs.
6,50,000/-. He was further informed by the said respondent
vide office letter no. 3356 dated 03.06.2022 that the petitioner
shall ensure supply of materials immediately.
8. The petitioner was subsequently reminded vide
memo no. 3584 dated 13.06.2022 to ensure timely supply of
the items earmarked in the tender for the financial year 2022-
23 by contacting the jail office. However, for want of
necessary corrections, the petitioner did not made any supply.
On 21.06.2022, a meeting of 'the Committee' was convened
under the Chairmanship of the District Magistrate, Gaya in
which it was unanimously decided to take action against the
petitioner.
9. Learned counsel for the petitioner submits that
when he did not enter into any agreement, the direction to
supply the goods/items was/were uncalled for. However,
accepting the direction of the respondent authorities, while he
Patna High Court CWJC No.13788 of 2023 dt.30-01-2024
was preparing for the Bank Guarantee, received the memo no.
8151 dated 27.12.2022 (Annexure-9 to the writ petition) by
which the petitioner was blacklisted and the security deposit
was forfeited. His submission is that the respondents have
blacklisted him without specifying any period and that may
result in his being being blacklisted forever.
10. Learned counsel for the petitioner submits that a
bare perusal of the tender submitted by the petitioner would
show that it was simply a computer misprint which resulted in
the rates of most of the items under group (ख) as Rs. 82/-
which the authorities could have permitted him to delete with
fresh rates. He as such submits that the writ petition be
allowed.
11. Learned State Counsel, on the other hand, with
the help of the counter affidavit, submits that pursuant to the
e-Tender notice for the financial year 2022-2023 for the
supply of green vegetables, potatoes, onions and other
miscellaneous goods at Central Jail, Gaya and Sub-Jail,
Sherghati, Gaya, the petitioner participated and his bid being
the lowest, was declared successful.
12. 'The Committee' thereafter approved his bid
which followed the letter of the respondent, the Jail
Patna High Court CWJC No.13788 of 2023 dt.30-01-2024
Superintendent, Central Jail, Gaya dated 03.06.2022
requesting him to deposit the Bank Guarantee of Rs.
6,50,000/- as also signing of the agreement. Further, he was
asked to ensure supply of the material immediately. According
to the learned Counsel, they were not in receipt of the letter
sent by the petitioner.
13. As the petitioner sat over the matter, another
letter was issued on 13.06.2022 (Annexure- R3/F to the
counter affidavit) to ensure timely supply of the items
mentioned in the tender bid for the financial year 2022-2023.
14. It was only when the petitioner defied the
aforesaid letters which virtually caused unrest and chaos in the
Jails that on 21-06-2022, a meeting of 'the Committee' was
convened under the Chairmanship of the District Magistrate,
Gaya and decision was taken to blacklist him.
15. However, the Superintendent, the respondent,
Central Jail, Gaya vide office memo no. 3985 dated 30-06-
2022 gave another rope to the petitioner for the supply of
goods. Since the petitioner rigidly did not supply the goods
items, the Superintendent Central Jail, Gaya having no option,
blacklisted him vide office memo no. 8151 dated 27.12.2022.
The same being fully justified, the writ petition is fit to be
Patna High Court CWJC No.13788 of 2023 dt.30-01-2024
dismissed.
16. Having gone through the rival submissions and
after perusing the materials on record, we are of the
considered view that the petitioner having been declared
successful in the tender bid, he was duty bound to ensure
immediate supply of items in the Jail/Sub-Jail and his failure
to do so definitely would have affected both the Jail/Sub-Jail
and its inmates/prisoners.
17. It is not the case of the petitioner that after he
was declared successful in the bid, he was diligent enough to
ensure supply of the items while opening the channel of
communication with the respondents to take corrective
measures. Instead, he simply sat over the matter and despite
being allotted the work chose not to supply anything for the
next six months and only thereafter, in the month of
December, 2022, he was blacklisted. The petitioner was
responsible for misquoting the price and after the tender is
finalized he cannot claim that the rates were misquoted,
especially since the tender was awarded to him based on the
prices quoted. If such mistakes are allowed to be corrected
then the whole exercise of floating a tender to get the best,
competitive price would be frustrated.
Patna High Court CWJC No.13788 of 2023 dt.30-01-2024
18. So far as the letter dated 01.05.2022 (Annexure-
3 to the writ petition) which the petitioner claims to have sent
to 'the Committee', this Court does not find any endorsement
of the respondent authority and in absence of that, it can be
safely construed that it is a created piece of paper. This we
record in view of the denial of the said statement in the
counter affidavit filed by the respondents.
19. The petitioner having submitted the bid, was
declared successful but chose not to act thereafter and in the
process created chaos/unrest in the Jails, the respondents was
fully justified in taking the decision.
20. In the aforesaid facts and circumstances, we do
not find any error in the order passed by the respondent no. 4,
the Superintendent, Central Jail, Gaya communicated to the
petitioner vide memo no. 8151 dated 27.12.2022.
21. However, as the period of blacklisting has not
been specified in the order, we deem it fit and proper that the
same is restricted to two years from the date of the issuance
of the order i.e. 27.12.2022. We accordingly order that the
effectiveness of the memo no. 8151 dated 27.12.2022 shall
come to an end on 26.12.2024.
22. The writ petition stands disposed of with the
Patna High Court CWJC No.13788 of 2023 dt.30-01-2024
above observation.
(K. Vinod Chandran, CJ)
( Rajiv Roy, J)
kiran/-
AFR/NAFR
CAV DATE
Uploading Date 05.02.2024.
Transmission Date
