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P. R. RAMACHANDRA MENON, PARTH PRATEEM SAHU
Raipur Construction Pvt. Ltd. – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
P.R. Ramachandra Menon, J.
1. All these writ petitions are connected together by a common thread of the same texture. The subject matter relates to the tender floated by the Respondent-Bilaspur Smart City Limited. The challenge raised is against cancellation of the Second tender (after cancelling the First tender) and in respect of the subsequent/Third tender proceedings, besides the instance of blacklisting the parties concerned and other incidental aspects.
2. The main points that arise for consideration are:
(b) Whether the blacklisting of the Tenderer ordered by the Respondent-Bilaspur Smart City Limited without issuing any show cause notice is correct or sustainable in law?
(c) Whether the disqualification of the Petitioner-Company in WPC No. 2390/2020 and WPC No. 2396/2020 {M/s. Raipur Construction Pvt. Ltd.} in the Second round of tender is correct or justified?
(d) Whether the disqual
Blacklisting without a show-cause notice is legally unsustainable, emphasizing procedural fairness in public procurement processes.
Blacklisting as a penalty requires clear proof of intentional misconduct, and actions taken based on allegations alone may be deemed disproportionate and legally untenable.
Blacklisting a contractor for submitting a false experience certificate requires clear proof of intentional wrongdoing; failure to provide such evidence renders the action disproportionate.
Disqualification from tender processes necessitates adherence to procedural fairness; blacklisting without notice is arbitrary and invalid.
The Petitioner's suppression of a material fact and approach to the Court with unclean hands led to the dismissal of the Petition.
The main legal point established in the judgment is the requirement for fairness and reasonableness in administrative decisions, the need to prevent arbitrariness, and the importance of clear norms a....
Blacklisting a contractor without a show cause notice violates natural justice, and such actions must not be taken for mere breaches of contract.
The impugned actions of issuing the show cause notice and blacklisting the petitioner were arbitrary, unconstitutional, and violated principles of natural justice. The court emphasized the requiremen....
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