2021 Supreme(Jhk) 767
IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
M/s. Indraprashtha Security Services Private Limited – Petitioner
Versus
Jharkhand State Agricultural Marketing Board – Respondent
W.P. (C) No. 2522 of 2018
Decided On : 15-12-2021
Advocate Appeared:
For the Petitioners: Mr. Umesh Prasad Singh, Mrs. Surabhi.
For the Respondent: Dr. Ashok Kumar Singh.
Headnote:
Constitution of India,1950 - terminated by blacklist - seeking clarification - issued tender notice - writ petition is that the petitioner-firm was awarded work by the respondent no. 2 for providing security guards in different market committees subordinate to the Jharkhand State Agricultural Marketing Board, Ranchi vide office order no. 156 dated 17.08.2004 and the contract was renewed time-to-time. The petitioner was lastly allotted the work of security services for a period of 11 months vide office order no. 61 dated 14.03.2016 which was extended till December in view of the decision taken in the meeting of the Board of Directors of the Agriculture Produce Market Committee (APMC) held on - Board also took decision to complete the process of appointing a security agency through inviting tender by December, 2017. A copy of the said decision of the Board of Directors was also forwarded to the petitioner vide office order no. 22 as contained in memo - Security in-charge of the petitioner-firm working at market committee campus, Pandra, Ranchi was issued show cause notice vide letter – Held, petitioner has also challenged the tender notice on ground that the respondents have put certain discriminatory and arbitrary terms and conditions in said tender notice so as to favour the security agencies of their choice. On the other hand respondents have specifically stated in the counter affidavit that the fresh tender has already been finalized with another firm vide memo no. 1618/Ranchi dated 02.11.2018. This court is of the view that since at the relevant point of time, the petitioner was on blacklist and due to said reason it could not participate in the tender, there is no reason to interfere with the tender already finalized with another firm, that too, when the successful tenderer is not a party respondent in the present case - writ petition is disposed of.
ORDER :
1. The present case is taken up through video conferencing.
2. The present writ petition has been preferred for quashing and setting aside office order no. 01/Go dated 24.04.2018 issued under the signature of the Managing Director, Jharkhand State Agricultural Marketing Board (respondent no. 2) whereby the petitioner has been blacklisted from providing security services in Jharkhand State Agricultural Marketing Board, Ranchi as well as in its subordinate market committees. Further prayer has been made for quashing the tender notice as contained in memo No. 456/Ranchi dated 27.03.2018 issued by the respondent no. 2 as well as the consequential action taken in terms with the said tender notice. The petitioner has also prayed for issuance of direction commanding upon the respondents to forthwith release the outstanding amount along with arrears in lieu of the services rendered by it for providing security guards/personnel to the respondents in terms with the agreement executed between them.
3. The factual background of the case as stated in the writ petition is that the petitioner-firm was awarded work by the respondent no. 2 for providing security guards in different market committees subordinate to the Jharkhand State Agricultural Marketing Board, Ranchi vide office order no. 156 dated 17.08.2004 and the contract was renewed time-to-time. The petitioner was lastly allotted the work of security services for a period of 11 months vide office order no. 61 dated 14.03.2016 which was extended till December, 2017 in view of the decision taken in the meeting of the Board of Directors of the Agriculture Produce Market Committee (APMC) held on 25.07.2017. The Board also took decision to complete the process of appointing a security agency through inviting tender by December, 2017. A copy of the said decision of the Board of Directors was also forwarded to the petitioner vide office order no. 22 as contained in memo no. 118 dated 24.01.2018. The security in-charge of the petitioner-firm working at market committee campus, Pandra, Ranchi was issued show cause notice vide letter No. 485 dated 29.08.2017 seeking clarification regarding an incident of firing and loot occurred in the night of 28.08.2017 by unsocial elements in a shop situated in the market premises, Pandra. The Director of the petitioner-firm, vide letter no. 1761 dated 11.09.2017, informed the Secretary, Jharkhand State Agricultural Marketing Board, Ranchi (the respondent no. 3) that the security in-charge of the petitioner-firm had already submitted reply on 31.08.2017 to the show cause notice dated 29.08.2017. The petitioner also informed that at the time of incident, nine security guards were on duty within the campus of market committee, Pandra and they immediately reached the place of occurrence. They also reported the matter to the police who reached the spot immediately. The petitioner denied any latches on its part and submitted that the security guards deployed by it were performing their duties sincerely as per the instructions given by the authorities from time-to-time. However, the petitioner was issued another show cause notice by the respondent no. 3 vide letter no. 1503 dated 03.10.2017 (signed on 25.09.2017) seeking clarification as to why its services should not be terminated by blacklisting it. The said notice was replied by the managing director of the petitioner on 07.10.2017 stating that the proposed action of terminating the services as well as blacklisting was not proper since the security guards deployed by the petitioner performed their duties sincerely and helped the shopkeepers at the time of occurrence and they also cooperated in the police investigation. However, vide office order no. 01/go. dated 24.04.2018 issued by the respondent no. 2, the petitioner was blacklisted. Hence, the present writ petition.
4. Learned senior counsel for the petitioner submits that the impugned order dated 24.04.2018 passed by the respondent no. 2 blacklisting th