2025:CGHC:43803-DB AFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1135 of 2025 Recorders And Medicare Systems Pvt. Limited, Through Its Authorised Representative Having Its Office At Plot No. 11, HSIDC, IT Park, Sector 22, Panchkula, Haryana.

... Petitioner(s)

Versus

1 - State Of Chhattisgarh Through Secretary, Department Of Health And Family Welfare And Medical Education, Mantralaya, Mahanadi Bhavan, Atal Nagar, New Raipur, Chhattisgarh.

2 - Chhattisgarh Medical Services Corporation Limited Through Its Managing Director, Housing Board, Commercial Complex, 4th Floor, South East Corner, Sector 27, New Raipur, Chhattisgarh.

3 - Directorate Of Health Services Through Directorate, Swastha Bhawan, Sector 19, Naya Raipur, District- Raipur, Chhattisgarh.

... Respondent(s)

For Petitioner(s) : Mr. Kishore Bhaduri, Senior Advocate assisted by Mr. Harsh Dave, Advocate.

For Respondent No. 1 and : Mr. Sangharsh Pandey, Government Advocate.

3/State For Respondent No. 2 : Mr. Trivikram Nayak, Advocate.

Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice

28/08/2025

1 Heard Mr. Kishore Bhaduri, learned counsel for the petitioner assisted by Mr. Harsh Dave, learned counsel. Also heard Mr. Sangharsh Pandey, learned Government Advocate appearing for the State/respondents No. 1 and 3 as well as Mr. Trivikram Nayak, learned counsel for the respondent No. 2.

2 By this petition under Article 226 of the Constitution of India, the petitioner seeks for the following relief(s):

“a. This Hon'ble Court may issue an appropriate writ and be pleased to quash/set aside the impugned order dated 05.02.2025 bearing number 14209/ CGMSCL/ EQP/ 2025 issued by the Respondent No. 2 against the Petitioner and all consequences arising thereof and related thereto; and b. This Hon'ble Court may be pleased to hold and declare that the ground raised by the Respondent No. 2-Corporation to effect the impugned order of blacklisting is illegal, arbitrary and non- est; and c. This Hon'ble Court may be pleased to direct the Respondents, particularly Respondent No. 2-Corporation to remove the Petitioner's name from the blacklist and allow the Petitioner to participate in future tenders;

d. This Hon'ble Court may be pleased to direct the Respondent No. 2-Corporation to adequately compensate the Petitioner for the loss of goodwill and business causing owing to its transgression; and e. This Hon'ble Court may also, be pleased to pass any other order in favor of the Petitioner as it may deems fit and proper under the facts and circumstances of the case with cost.”

3 The facts, as projected by the petitioner, are that the petitioner, being fully eligible, had participated in Tender Ref.No.182/EQP/CGMSC/2022- 23, dated 26.08.2022, floated by the respondent No. 2 for the supply of medical equipment. Petitioner had submitted its bid in accordance with the terms and conditions of the tender and had participated in the process with utmost honesty and transparency. The petitioner was unsuccessful in the tender process and was never awarded the tender to supply of medical equipment. Despite the same, on 30.01.2025, respondent No. 2-Corporation issued a show-cause- notice to the petitioner alleging therein that the petitioner had engaged in fraudulent and corrupt practices, collusive bidding, and concealment of material facts during the tender process to which a detailed reply was submitted by the petitioner on 01.02.2025 refuting the unsubstantiated allegations inter-alia pointing out that there was no connection between the petitioner-Company and the successful tenderer, i.e. Mokshit Corporation. Despite the petitioner's detailed reply, the respondent No. 2 vide its order dated 05.02.2025, has blacklisted the petitioner for a period of three (3) years on the sole ground that an FIR has been registered by the ACB/EOW, Chhattisgarh, under Sections 7(c), 12(1)(a), 13(2) of the Prevention of Corruption Act and Section 409, 120B of the