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2022 Supreme(Jhk) 355

RAJESH SHANKAR
Lava International Limited, Noida, Uttar Pradesh – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Navneeti Prasad Singh, Sr. Advocate, Mr. Nitin Kumar Pasari, Advocate
For the Respondent: Mr. Rajiv Ranjan, A.G., Mr. A. K. Yadav, G.A.I

ORDER :

1. This case is taken up through video conferencing.

2. The present writ petition has been filed for quashing the order as contained in letter no.03/ISSNIP/2019-2020/1860/Sa.Ka. dated 15.12.2021 passed by the Director, Social Welfare, Department of Women, Child Development and Social Security (Social Welfare Directorate), Government of Jharkhand, Ranchi- respondent no.2 whereby the petitioner has been blacklisted for a period of one year.

3. The factual background of the case, as stated in the writ petition, is that on 03.03.2020 the respondent no.2 floated a tender on Government e-marketplace (GeM), an Online portal to facilitate public procurement of goods and services required by government departments/organizations/public sector undertakings, under Bid no. GEM/2020/B/569317 for procurement of 29134 smartphones. The petitioner as well as five other companies participated in the said tender and finally the petitioner was declared L1 bidder to supply smartphones @ Rs.6,700/- (inclusive of GST) per unit; total cost of Rs.19.51 crores (approx.). The said tender was, however, subsequently cancelled. The respondent no.2 vide letter dated 20.08.2020 forwarded a complaint to the pe

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