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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
E.S. INDIRESH
Ramalingam Construction Company Pvt. Ltd – Appellant
Versus
State Of Karnataka Public Works Department – Respondent
| Table of Content |
|---|
| 1. summary of the case facts (Para 1 , 2 , 4) |
| 2. arguments presented by both parties (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. court's detailed analysis of the arguments (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 4. final conclusion of the court's decision (Para 29 , 30 , 31 , 32) |
ORDER :
1. In this Writ Petition, the petitioner is assailing the Government order bearing No.PWD 203 BMS 2025 dated 13.08.2025 (Annexure-A), passed by the respondent No.1 debarring the petitioner for a period of two years, from all PWD works in the State of Karnataka for allegedly submitting fake documents in the tender for development of road as per Annexure-B.
2. Facts in nutshell for the purpose of adjudication of this Writ Petition are that, the respondent No.2 had invited tender dated 25.02.2025 (Annexure-B) for development of road from Devanahalli - Vemagal - Kolar of State Highway - 96. Pursuant to the same, the petitioner had entered into a Memorandum of Understanding (Annexure-C) dated 02.04.2025 with respondent No.3 to participate as a consortium in the name and style of MP24CC-RCCL JV, as the respondent No.3 requested the petitioner to assis
A consortium member is jointly liable for the actions of its partners during bidding, and blacklisting imposes severe consequences proportional to misconduct, requiring strict adherence to principles....
Disqualification from tender processes necessitates adherence to procedural fairness; blacklisting without notice is arbitrary and invalid.
No order of debarment can be made against a party without first issuing a specific show cause notice, ensuring compliance with the principles of natural justice.
The decision to disqualify a bidder from a tender process does not require a reasoned order and should defer to the understanding and appreciation of the tender documents by the employer of the proje....
The court affirmed that submitting false documents in tender processes justifies disqualification and forfeiture of bid security under the relevant tender clauses.
Blacklisting as a penalty requires clear proof of intentional misconduct, and actions taken based on allegations alone may be deemed disproportionate and legally untenable.
The court upheld the debarment of the petitioner for failing to submit a performance guarantee on time, affirming the procedural fairness and adherence to the RFP guidelines.
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