ORDER :

Heard learned senior counsel Sri C.V. Mohan Reddy for the Petitioner and learned Government Pleader for Medical & Health on behalf of the Respondents No.1 & 2.

2. This petition is filed by the petitioner to issue an appropriate writ, order or direction more particularly in the nature of Mandamus to declare the impugned Memo Rc.No.G204/Peshi/2022, dated 02.04.2022 whereby blacklisting the petitioner without giving opportunity, notice and following due procedure as illegal, arbitrary, unconstitutional, violative of principles of natural justice and violative of Articles 14 and 21 of the Constitution of India and consequently set aside the impugned Memo. No.G204/Peshi/2022, dated 02.04.2022.

3. The case of the petitioners, in brief, is as follows :

(a) The 1st petitioner company is in the business of providing industrial security and also providing men on outsourcing basis for housekeeping and sanitation services to various governmental agencies and private entities. The 2nd petitioner is a shareholder in the 1st petitioner company.

(b) The 1st respondent entered into an agreement with the 1st petitioner company for provision of the IHFM Services at MGM Hospital, Warangal, which includes sanitation and pest control Services, Security Services and patient care services.

(c) The 1st petitioner stood L1 in Tender No.2-1/IHFMS/SUPDT/WGL/2016-2017 Dated April, 17, 2017 (Tender) and entered into agreement on 18.04.2017 for a period of three years from the date of agreement.

(d) MGM Hospital, Warangal is a 1000 bedded hospital with a built up area of 7,56,574 sq. ft and open area of 32,327 sq. yards. As per the tender and agreement manpower of 393 has to be provided i.e. Security 100, Housekeeping and Pest Control 193 and Patient Care 100.

(e) The 1st petitioner has been providing the IHFM services to the complete satisfaction of the respondents, which can be seen from the satisfactory performance Certificates issued by the 1st respondent.

(f) The 1st respondent issued notice vide Rc.No.119/Peshi/2022, dated 15.03.2022 directing the petitioner No.1 company to control rodents, mosquitoes and cockroaches etc in RICU, SNCY Wards, Intensive Care Units, Kitchen Complex, administrative building including the Superintendent Chamber. Apart from already implemented services under the tender/agreement, the 1st petitioner additionally too all necessary steps to curtail the rodent’s movement and the same was informed to respondent on daily basis.

(g) The initial tenure concluded on 14.08.2020 and the Secretary, Medical Health issued extension orders from time to time, till the new tender process is completed.

(h) A patient was admitted to the respiratory ICU at MGM Hospital, Warangal having a history of chronic alcoholism, with his liver, pancreas and kidneys badly affected and on ventilator and was bitten by a rodent on the mid night of 30.03.2022. The said patient was shifted to NIMS, Hyderabad and expired on 01.04.2022 due to complications from the existing illness and not due to rat bite.

(i) The 1st respondent issued show cause notice on 02.04.2022 to the petitioner to submit explanation for the lapses within three days or the higher authorities will black list the petitioner company. The actions of respondents in issuing the blacklisting notice on 02.04.2022 even before any response was given by the 1st petitioner to the memo and even before the completion of three days time to respond to the memo is a complete violative of natural justice principles and is also violative of the Fundamental Right guaranteed under the Constitution of India. Hence, this writ petition.

4. The case of the respondents, in brief, is as follows :

(a) The contention of the petitioner raised in para 9 that the petitioner is successful in providing the IHFMS services in MGM Hospital Warangal is not true as during the petitioner’s contract period a penal punishment of Rs.3,48,327/- (Rupees three lakhs forty eight thousand three hundred and twenty seven only) was also imposed