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NUPUR BHATI
Vishnu Prakash R Pungalia Limited – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
1. This bunch of writ petitions involving identical controversy are being decided by this common order.
2. Briefly stated, the facts of the case are that the petitioner is a company, registered under the Companies Act, 1956 engaged in the business of Construction Work and Engineering Contracts and Designs and as such specialises in Water Supply and Sewage Treatment Plants. The respondent authorities floated various tenders namely - NIT no. 01/2023-24 dt. 05.05.23 (Ajmer), NIT no. 12/2023-24 dt. 05.05.23 (Jodhpur), NIT no. 02/2023-24 dt. 04.05.23 (Ajmer), NIT no. 03/2023-24 dt. 05.05.23 (Udaipur), NIT no. 02/2023-24 dt. 05.05.23 (Bharatpur), NIT no. 04/2023-24 dt. 07.05.23 (Bharatpur), NIT no. 14/2023-24 dt. 29.05.23 (Kota) for respective works. Thereafter, the petitioner along with submission of the tender offers also submitted bank guarantees for the respective NITs with the Respondents as part of a bid security in terms of Rule 42 of the RTPP Rules, 2013.
After submission of the bids for respective NITs, a complaint was received by the Respondent Authorities, alleging mis-declaration and incorrect information provided with respect to insufficient bidding capacity of the Peti
The court emphasized the necessity of providing a reasonable opportunity of hearing before debarment under Section 46(5) of the RTPP Act.
Debarment order quashed for lack of adherence to natural justice and proportionality under public procurement law.
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.
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 procuring entity has the right to reject bids and re-invite tenders as per the provisions of the Rajasthan Transparency and Public Procurement Act 2012 and the Rajasthan Transparency and Public P....
The authority has the discretion to reject bids and conduct negotiations, provided they comply with statutory requirements.
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