IMPORTANT POINT
The main legal point established in the judgment is the requirement for fairness and reasonableness in administrative decisions, the need to prevent arbitrariness, and the importance of clear norms and standards in the decision-making process.

ORDER :

(Shree Chandrashekhar, J.) :

M/s Aastha Constructions has filed this writ petition under Article 226 of the Constitution of India with a set of prayers which primarily concern cancellation of tender notices vide MID/CHAIBASA/F2-07/2022-23 (in short, W1) and MID/CHAIBASA/F2-08/2022-23 (in short, W2) and consequent issuance of MID/CHAIBASA/F2-16/2022-23 (2nd Call) & MID/CHAIBASA/F2-17/2022-23 (2nd Call) dated 3rd January 2023 – no prayer for cancellation of 2nd Call tender notices has been made in the writ petition.

2. The following prayers have been made in the writ petition:

“a. For quashing of Letter No. 1683/DMFT dated 24.12.2022 (Annexure-17) wherein and whereby the Respondent No.3 unilaterally and ex-parte without issuance of any show cause has directed Respondent No.5 to cancel the tenders MID/CHAIBASA/F2-07/2022-23 & MID/CHAIBASA/F2-08/2022-23 and further directing to blacklist the name of the Petitioner for swearing false affidavit and to register FIR against the Petitioner. AND/OR

b. For stay on the operation, execution and implementation of the Letter No. 1683/DMFT dated 24.12.2022 (Annexure-17) wherein and whereby the Respondent No.3 unilaterally and ex-parte without issuance of any show cause has directed to blacklist the name of the Petitioner for swearing false affidavit and to register FIR against the Petitioner.

AND/OR

c. For directing the Respondent to allow the Petitioner to participate in re-tender of the same set of work vide Tender Nos. MID/CHAIBASA/F2-16/2022-23 (2nd Call) & MID/CHAIBASA/F2-17/2022-23 (2nd Call) dated 03.01.2023 (Annexure-19) issued by Respondent No.5 since the Petitioner has been recommended to be blacklisted by Respondent No.3 on frivolous grounds by violating the principals of natural justice.

AND/OR

d. For stay on Tenders No. MID/CHAIBASA/F2-16/2022-23 (2nd Call) & MID/CHAIBASA/F2-17/2022-23 (2nd Call) dated 03.02.2023 till the pendency of the present writ application.

AND/OR

e. For directing the Respondents to bring on record the report of the enquiry committee constituted vide letter No. 1194/DMFT dated 01.11.2022 by Respondent No.3 for the complaint made M/s S.P Traders against the Petitioner.

AND/OR

f. Any other relief or reliefs as Your Lordships may deem fit and proper for which the petitioner is very much entitled under the facts and circumstances of the case.”

3. Upon this writ petition being mentioned by the learned counsel for the petitioner, the matter was listed on 16th January 2023. The next day, the following order was passed by this Court:

“I.A. No. 237 of 2023

This writ petition has been filed by M/s Aastha Constructions which is aggrieved of the order dated 24th December 2022 by which the Deputy Commissioner, West Singhbhum has directed the Executive Engineer, Minor Irrigation Division, West Singhbhum, Chaibasa to cancel the award of tenders MID/CHAIBASA/F2-07/2022-23 and MID/CHAIBASA/F2-08/2022-23.

The grievance of the petitioner is that without affording an opportunity of hearing to it, the Deputy Commissioner which has no powers in the matter of award or cancellation of the subject tenders, has issued the aforesaid direction, though the petitioner has been declared L-1 bidder.

Mr. Indrajit Sinha, the learned counsel for the petitioner has referred to the impugned communication which has been issued taking cognizance of the letter dated 10th October 2022 written by M/s S.P. Traders to the Chief Engineer, Water Resources (Minor Irrigation), Ranchi to submit that the allegations of submitting false affidavit inasmuch as Rajnish Kumar Singh who is the younger brother of the proprietor of the petitioner-construction company is working in the capacity of correspondence clerk in the Minor Irrigation Division, Chaibasa, and the allegation against Krishnalya Construction with which the petitioner-construction company has some past association has been blacklisted, are i