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P. B. BAJANTHRI, ALOK KUMAR SINHA
Nirman Engicons Pvt. Ltd. – Appellant
Versus
Chairman-cum-Managing Director-cum-Appellate Authority, Bihar Police Building Construction Corporaration, Kautilya Nagar – Respondent
Alok Kumar Sinha, J. – From a comprehensive perusal of records of both the cases, it is found that the facts of both the cases are similar and common issues arise for consideration. Therefore, both the cases are being disposed of by this common judgment.
CWJC No. 19226 OF 2024
FACTS OF THE CASE:
Heard the parties.
2. The petitioner in the present writ application seeks the following main relief: –
“(i) To issue an appropriate writ/ order/ direction in the nature of certiorari for setting aside/ quashing of the order passed by the Respondent Chief Engineer, Bihar Police Building Construction Corporation, Patna (BPBCC) dated 17.08.2024 contained in memo no. HQ3310 as well as the Appellate order dated 13.11.2024 bearing memo no. HQ4625 by which the petitioner’s firm/ company M/s Nirman Engicons Pvt. Ltd. has been imposed a penalty of blacklisting for two years and further for a direction to the Respondent Corporation to return the security money of Rs. 11,15,000 deposited at the time of submitting the tender paper.”
3. Learned counsel for the petitioner respectfully submits that the present writ petition has been preferred challenging the order dated 17.08.2024 contained in Memo No. HQ-331
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 affirmed that submitting false documents in tender processes justifies disqualification and forfeiture of bid security under the relevant tender clauses.
Disqualification from tender processes necessitates adherence to procedural fairness; blacklisting without notice is arbitrary and invalid.
The submission of a bogus Bank Guarantee by a bidder justifies a two-year ban under tender conditions, as the term 'certificate' includes documents.
The Petitioner's suppression of a material fact and approach to the Court with unclean hands led to the dismissal of the Petition.
The Building Construction Department had the authority to take actions against the petitioner under the Bihar Contractors Registration Rules, 2007, and had rightly blacklisted the petitioner for subm....
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