JUDGMENT :

The present writ petition is taken up today through Video conferencing.

2. The present writ petition has been filed for quashing the order as contained in memo No.220 dated 08th June, 2020 (Annexure-23 to the writ petition) issued by the Deputy Commissioner, Lohargada-respondent no.2, whereby the petitioner has been blacklisted by forfeiting the security amount of rupees 3 Lakhs deposited by it and an order has been passed not to pay the remaining amount of Rs.9,45,000/- due against the work of installation of CCTV Surveillance system in Lohardaga Town, already done by the petitioner about three years back. Further prayer has been made for issuance of direction upon the respondents to release the remaining amount of Rs.9,45,000/- as well as the forfeited security amount of Rs.3 lakhs to the petitioner.

3. The factual background of the case as stated in the writ petition is that the District Collectorate, Lohardaga came out with a notice inviting Expression of Interest-cum-Request for Proposal (EOI-cum-RFP) for installation of IP based CCTV Surveillance System in Lohardaga town. The petitioner participated in the said tender and deposited a sum of Rs.3 lakhs as security deposit vide demand draft no.79565 dated 20th September, 2016 and it was made clear in the technical bid submitted by the petitioner that all the products will be under three years warranty on technical problem but physical damage or burn due to thundering will not be covered under the warranty. Altogether three tenders were received pursuant to the invitation made by the respondent no.2. The meeting of the District Purchase Committee, Lohardaga was held on 07th October, 2016. The petitioner was declared successful in the said tender process and was awarded the work vide work order as contained in memo no.411 dated 21st October, 2016 and administrative approval to the extent of Rs.46.90 lakhs was finalized by the respondent no.2 for the said purpose. The work was completed by the petitioner within the prescribed time frame and vide letter dated 13th January, 2017 it was informed to the respondent no.2 that the work had been completed as per EOI-cum-RFP and all 72 CCTV cameras had been installed. The petitioner also requested to make payment of Rs.46.90 lakhs for completion of the work entrusted to it, however, the payment was not made. In the meantime the petitioner started providing service in terms of warranty clause of the technical bid in respect of CCTV cameras installed by it. The respondent no.2 called for a technical report regarding installation of CCTV cameras which was submitted by the District Informatics Officer, National Informatics Centre, Lohardaga vide letter no.41/NIC/17 dated 19th December, 2017 wherein it was reported that there were 32 locations where 72 CCTV cameras were found to be installed and thereafter the payment of Rs.23.45 lakhs and Rs.14.00 lakhs was released to the petitioner against the said work vide memo no.393 dated 18th October, 2017 and memo no.266 dated 1st September, 2018 respectively but the rest due amount to the extent of Rs.9,45,000/- was kept pending. The petitioner repeatedly made request to the respondent-authorities to release the remaining amount as well as the amount of security deposit but all went in vein. In the meantime, an enquiry committee was constituted vide memo no.16 dated 17th January, 2020 under the Chairmanship of the District Transport Officer, Lohardaga and the said committee submitted its report vide letter no.34 dated 22nd January, 2020 to the effect that 32 cameras were working whereas 40 cameras were not working. The Deputy Development Commissioner, Lohardaga-respondent no.3, vide letter no.186 dated 20th June, 2020, directed the petitioner to make all the CCTV cameras functional within ten days, failing which, on the ground of violation of Request for Proposal (RFP) as well as the work order dated 21st October, 2016, the work would be considered as substandard and the remaining amount