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IN THE HIGH COURT OF ORISSA AT CUTTACK
Murahari Sri Raman, HARISH TANDON, CJ.
Care Security & Allied Services – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. tender rejection based on blacklisting affidavit. (Para 1 , 2 , 3 , 4) |
| 2. clarification on debarment and stigma effects. (Para 5 , 6 , 8 , 9 , 10) |
| 3. proportionality in blacklisting duration. (Para 7) |
| 4. judgment quashes prior authority's rejection. (Para 11 , 12 , 13 , 14) |
JUDGMENT :
Harish Tandon, CJ.
1. The tender bid submitted by the petitioner is rejected by the authority on a solitary ground of having submitted the false affidavit with regard to the blacklisting.
2. The Transport Commissioner, Odisha floated a tender for selection of a service provider for supplying manpower services with basic computer knowledge on manhour basis to the office of the Transport Commissioner and its subordinate offices. One of the terms incorporated in the said tender document relating to the preparation and evaluation of the proposal mandatorily required several documents to be appended with the tender bid, which includes Non-Blacklisted Undertaking in the format annexed to the bid document as Annexure-7. The said prescribed format requires a certification and confirmation from each of the intending bidders that they are not debarred or blacklisted by an office of the Transport Com
Authority cannot perpetually debar an entity from participation in tenders post-blacklisting period.
The court established that a previous blacklisting does not permanently hinder an entity's ability to participate in tenders once the stipulated period has ended.
Blacklisting of a contractor requires prior contractual obligations; mere non-participation in tender processes does not justify blacklisting.
The court emphasized the need for strict observance of the principles of natural justice before passing an order of blacklisting and highlighted the requirement of a valid, particularised, and unambi....
Debarment from future tenders without a hearing constitutes a violation of natural justice and is treated as blacklisting requiring a specific show cause notice.
A company retains the right to participate in tenders unless formally blacklisted, despite the cancellation of previous bidding processes.
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