IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKA, J.
Quess Corp. Limited, through its Chief Operating Officer-Tej Hans Raj Singh - Petitioner
Versus
The State of Jharkhand and Ors. - Respondents
W.P.(C) No. 1796 of 2021
Decided On : 01-11-2021
Writ petition was preferred for reliefs – Quashing the impugned letter – However, in course of argument, learned counsel for petitioner confines his prayer to extent of quashing impugned letter as contained in memo (MD) (Annexure-11 to writ petition) issued by Mission Director, National Health Mission, (respondent no. 3) informing all Deputy Commissioners in State of Jharkhand regarding blacklisting of petitioner by State Headquarters of National Health Mission –Held, Appreciate rival contentions of parties, it would be appropriate to refer relevant documents brought on record – It appears that letter was issued by Principal Administrative Officer, NHSRC, New Delhi to petitioner stating dissatisfaction on number of issues expressed by Principal Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand vide its letter regarding support provided by it with a direction to provide its comments as to why appropriate action should not be taken for its de-empanelment and blacklisting – Petitioner replied said letter and thereafter no any formal order was passed by respondent authorities with respect to blacklisting petitioner – Writ petition disposed of.
ORDER :
1. Initially the present writ petition was preferred for the following reliefs:-
(b) For issuance of direction upon the concerned respondent authority not to circulate/share the letter dated 15.03.2021 with the Union Government/State Governments and other Governmental entities/departments under its aegis.
2. However, in course of argument, the learned counsel for the petitioner confines his prayer to the extent of quashing the impugned letter as contained in memo no. 789(MD) dated 15.03.2021 (Annexure-11 to the writ petition) issued by the Mission Director, National Health Mission, Jharkhand Ranchi (the respondent no. 3) informing all the Deputy Commissioners in the State of Jharkhand regarding blacklisting of the petitioner by State Headquarters of National Health Mission, Jharkhand.
3. The factual background of the case as stated in the writ petition is that in the year 2013, the Government of India launched “National Health Mission” (NHM) subsuming the National Rural Health Mission (NRHM) and National Urban Health Mission (NUHM) and in order to achieve its objective, the National Health Systems Resource Centre (NHSRC), New Delhi floated Expression of Interest (EoI) dated 09.08.2018 on behalf of NHM and Ministry of Health and Family Welfare (MoHFW), Government of India for empanelling qualified and experienced “HR Recruitment Agencies” to provide assistance to National, State & Union Territories Health Missions/NHSRC in selecting contractual personnel under the NHM. Clause 18.2 of the said EOI provides that NHSRC, New Delhi may reject the EoI, blacklist the HR Recruitment Agency for a period of 3 years if it is found engaged in any untoward practice which compromises the interests of the MoHFW or National/State/UT Health Mission or NHSRC or/and is against the laws of the land or/and is corrupt, fraudulent, collusive and coercive. The petitioner submitted its bid and was declared a successful bidder and accordingly got empanelled with NHSRC along with other five recruitment agencies initially for a period of two years with effect from 14.11.2018 till 13.11.2020. Thereafter, Jharkhand Rural Health Mission Society (JRHMS), Department of Health & Family Welfare, Government of Jharkhand invited “Request for Financial Bid” (RFB) vide Tender no. SRCH/Nam/164/2019 dated 21.06.2019 and requested the said six recruitment agencies empanelled with NHSRC to submit financial bids to provide recruitment services for JRHMS, Namkum, Ranchi as per the direction of In-charge, Procurement Cell on behalf of the Mission Director, RHMS, RCH Campus, Namkum, Ranchi and in terms with D.O. No. NHSRC/14/15/HRH/17/PF-2 dated 09.01.2015. The petitioner was also amongst six agencies approved by MoHFW, Government of India. Clause 16.3 of the said RFB provides that JRHMS, Namkum, Ranchi may reject the bid, and/or forfeit the Performance Security Deposit, as the case may be, and may take any other action including blacklisting the bidder or HR Recruitment Agency for a period of 2 years if the bidder or HR recruitment agency is found engaged in any corrupt, fraudulent, collusive or coercive practices as mentioned in Clause 16.2 of the said RFB. As the petitioner was empanelled with NHSRC, it submitted its bid on 12.07.2019 and was declared a successful bidder. Accordingly, a draft Letter of Intent (LoI) dated 17.07.2019 was issued by the Administrative Officer, National Health Mission, Jharkhand mentioning that the bid of the petitioner was accepted and a contract would be executed between the petitioner and JRHMS, Namkum, Ranchi. It was also mentioned in the said LoI that the tota
State of Uttar Pradesh & Others Vs. Ashok Kumar Nigam
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UMC Technologies Private Limited Vs. Food Corporation of India & Another
Point of law : Before proposing to pass a black listing order or debarring orders the parties had to be given hearing followed by an appropriate reasoned order.
The requirement for a fair hearing and a specific show cause notice before imposing the severe civil consequence of blacklisting, and the need for the authority to determine the period of punishment ....
The main legal point established in the judgment is the requirement for a fair hearing, specific show cause notices, and proportionate punishment before imposing blacklisting in government contracts.
The main legal point established in the judgment is that before blacklisting a person/entity, adequate notice and an opportunity to be heard must be provided, in accordance with the principles of nat....
Blacklisting without notice constitutes a violation of the principles of natural justice, requiring fair opportunity for the affected party to present their case.
The judgment emphasizes the importance of fair play, natural justice, non-discrimination, equality, reasonableness, and proportionality in the process of blacklisting, and the need for a valid, parti....
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