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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.J. Kathawalla, Milind N. Jadhav, JJ.
Raut Enterprises, A Sole Partnership firm, through its Partner Mr. Ankur Yashwant Raut – Appellant
Versus
Bhabha Atomic Research Centre and Other – Respondents
Writ Petition No. 6373 of 2021
Decided On : 17-03-2022
BANNING ORDER - TENDER ELIGIBILITY - [BARC] - [NPCIL Act, 2019, Clause 3(m); Tender Evaluation Committee Report, 2020] - The court considered the eligibility criteria of the tender, specifically Clause 3(m), which required bidders to declare that they have not been debarred from tendering by any authority/agency. The court found that the Banning Order against Respondent No.2 by NPCIL constituted a debarment, making Respondent No.2 ineligible to participate in the tenders. The court quashed the decision to award the tenders to Respondent No.2 and allowed the Petitioner to file appropriate proceedings for unopened tenders.
Fact of the Case:
The Petitioner challenged the decision of BARC to award tenders to Respondent No.2, who had been banned by NPCIL for two years. The Petitioner sought to quash the decision and sought various reliefs.
Finding of the Court:
The court found that Respondent No.2's bids were in violation of the tender conditions, specifically Clause 3(m), and were ineligible. The court quashed the decision to award the tenders to Respondent No.2 and allowed the Petitioner to file appropriate proceedings for unopened tenders.
Issues: The main issue was whether Respondent No.2's bids were eligible in light of the tender conditions, specifically Clause 3(m), considering the Banning Order by NPCIL.
Ratio Decidendi: The court held that the Banning Order constituted a debarment, making Respondent No.2 ineligible to participate in the tenders. The court quashed the decision to award the tenders to Respondent No.2 and allowed the Petitioner to file appropriate proceedings for unopened tenders.
Final Decision: The court quashed the decision to award the tenders to Respondent No.2 and allowed the Petitioner to file appropriate proceedings for unopened tenders.
JUDGMENT :
S.J. Kathawalla & Milind N. Jadhav, JJ.
1. By this Writ Petition, the Petitioner has impugned the decision of the Bhabha Atomic Bhabha Atomic Research Centre (“BARC”) [Respondent No.1 herein] to award the following tenders to Respondent No.2, [Shree Gajanan Facilities Pvt. Ltd].
| Sr.No.
| Particulars | Date | Scope of Work | Status |
| 1 | NIT No. BARC/NRB/GSO(T)/C&M/CMT- 111/20/04 (hereinafter the “1st tender”) | 2.07.2020 | Maintenance of lawns, shrubs, hedges, and other allied horticultural works in BARC Staff Colony, Tarapur for the years 2020-2022 | Work Order dated 5.03.2021 issued in favour of Respondent No.2 |
| 2 | NIT No. BARC(T)/NRB/GSO/C &M/CMT-140/2021 | 3.02.2021 | Maintenance of lawns, shrubs, hedges around plant installations at BARC Plant Site, Tarapur for the year 2021-23 | R2 declared as successful bidder, Work Order yet to be issued |
| 3 | NIT No. BARC(T)/R&WM/PM/AS/OPA-8100 | - | Assistance in mechanical maintenance and operation works of reprocessing facility, Tarapur | Work Order issued in favour of Respondent No.2 |
| 4 | NIT No. BARC (T)/R&WM/OPN/DC/2021/OPA-14911 | 26.03.2021 | Assistance in Process Operation, laboratory etc, works of Reprocessing Facility, at BARC, Tarapur | Work Order issued in favour of Respondent No.2 |
2. The Petitioner has also impugned Respondent No.2’s participation in the following tenders, which the Petitioner submits are yet to be opened and awarded.
| Sr. No. | Particulars | Date | Scope of Work | Status (according to the Petitioner) |
| 1 | NIT No. BARC(T)/NRB/GSO/ C&M/CMT- 143/2021/09 | 18.04.2021 | Operation and maintenance of ST Plant (2MLD Capacity, working on UASB process) at BARC Colony, Tarapur for 2021- 23 | On Hold |
| 2 | NIT No./BARC(T)/NRB/I NRPO/COL- 07/2021/11 | 26.08.2021 | Landscaping Work around Type-E at BARC Staff Colony, Tarapur | On Hold |
| 3 | NIT No./NRBT/R&WM/A SFSF/2021/OPA- 109444 | 02.09.2021 | Assistance in Operation and Maintenance works at ASFSF, NRB (T) | On Hold |
| 4 | NIT No. BARC(T)/NRB/INRP O/UTFF/2021/70 | 07.09.2021 | RTC Operation of compressed air system, ventilation system and other auxiliary system at FF, INRPO, BARC, Tarapur | On Hold |
| 5 | NIT No. BARC(T)/INRP(O)/N RB/FF/GEN/07/HPU/ 2021/64 | 24.09.2021 | Providing assistance in checking, counting and estimation of quantity of contaminants, preparation of samples for chemical analysis, process of monitoring cards and other allied works at NRB, BARC, Tarapur | On Hold |
3. The Petitioner’s grievance is that Respondent No.2 does not meet the eligibility criteria of the aforesaid tenders, as Respondent No.2 has been “banned” by the Nuclear Power Corporation of India (“NPCIL”), [Respondent No.3 herein] for a period of two years.
4. The Petition, therefore, seeks the following reliefs :
BARC(T)/NRB/GSO/C&M/CMT-111/2021/20(04) dated 2.7.2020 and tender notice bearing No. NIT No.:-BARC(T)/NRB/GSO/C&M/CMT-140/2021/02 dated 3.2.2021;
(b) this Hon’ble Court be pleased to issue a writ of certiorari or any other appropriate writ, order or directions in that nature and after perusing the legality, validity and propriety, quash and set aside the decision of the Respondent No.1 declaring the Respondent No.2 as a successful bidder in respect of tender No.NIT No.:-
BARC(T)/NRB/GSO/C&M/CMT- 111/2021/20(04) dated 2.7.2020 and consequent work order dated 5.3.2021;
(c) this Hon’ble Court be pleased to issue a writ of certiorari or any other appropriate writ, order or direction in that nature and after perusing the legality, validity and propriety, quash and set aside the decision of the Respondent No.1 thereby declaring the Respondent No.2 as a successful bidder in respect of tender notice be
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