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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, MURAHARI SRI RAMAN
Alokashirbad Panda, Son of Niranjan Panda – Appellant
Versus
State of Odisha, represented through Principal Secretary Water Resources Department Government of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge to cancellation of tender decision. (Para 1 , 2) |
| 2. opposite parties' defense against petitioner's claims. (Para 3) |
| 3. court's hearing and procedural notes. (Para 4) |
| 4. petitioner's arguments regarding blacklisting. (Para 5) |
| 5. justifications provided by the opposite parties. (Para 6) |
| 6. court's references to analogous cases. (Para 7) |
| 7. court's directive to unblock petitioner’s registration. (Para 8) |
| 8. conclusion of the writ petition. (Para 9) |
ORDER :
Refusal to accept the Additional Performance Security and the Initial Security Deposit prepared on 09.07.2024 and 10.07.2024 respectively with respect to the work “Construction of Catch Water Drain, Barbed Wire Fencing and Service Road at both sides of Cut and Cover from RD 17200m to RD 17975m and Slope Protection Work at RD 17975m of Narasinghpur Branch Canal of RRIP (D/S)”, and the consequent decision cancelling the tender vide Letter No.621, dated 03.09.2024 of the Additional Chief Engineer, Rengali Right Irrigation Circle, Choudwar (Annexure-11) and action of blocking the portal registration of the petitioner by the Chief Engineer (PI&P), State Procurement Cell, Odisha on 18.11.2024 in pursuance of the recomm
Administrative actions must adhere to principles of natural justice, allowing reasonable justifications for compliance with contractual obligations, particularly regarding health-related delays.
Principles of natural justice and proportionality must be upheld in administrative decisions such as blacklisting, ensuring that adequate opportunity is provided to contractors to defend against adve....
Blacklisting a contractor without a show cause notice violates natural justice, and such actions must not be taken for mere breaches of contract.
The Petitioner's suppression of a material fact and approach to the Court with unclean hands led to the dismissal of the Petition.
Blacklisting without a show-cause notice is legally unsustainable, emphasizing procedural fairness in public procurement processes.
Disqualification from tender processes necessitates adherence to procedural fairness; blacklisting without notice is arbitrary and invalid.
Blacklisting as a penalty requires clear proof of intentional misconduct, and actions taken based on allegations alone may be deemed disproportionate and legally untenable.
Blacklisting a contractor for submitting a false experience certificate requires clear proof of intentional wrongdoing; failure to provide such evidence renders the action disproportionate.
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