2025:HHC:41908

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

CWP No.13579 of 2025

Decided on: 04 ^th December , 2025

__________________________________________________ Nitin Bhardwaj ....Petitioner

Versus

State of H.P. and Others ...Respondents

___________________________________________________

Coram

Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice

Hon'ble Mr. Justice Jiya Lal Bhardwaj, Judge

Whether approved for reporting? ¹

For the petitioner: Mr. Suneet Goel, Senior Advocate with

Mr. Vivek Negi and Mr. Vishwas

Kaushal, Advocates.

For theC respondents: Mr. Pranay Pratap Singh, Additional

Advocate General, for the respondents-

State.

G.S. Sandhawalia, Chief Justice (Oral)

g By way of the present writ petition, the petitioner seeks

quashing of the decision of respondent No.3 dated 28.07.2025 (Annexure P-10), debarring him from participating in the tender for a period of six months and all consequential actions and further seeks directions permitting him to participate in re-tendering of the work in question, which is for the Block Development Office Building at Churag, Tehsil Karsog, District Mandi, H.P. (SH: Civil Work, Water

Supply and Sanitary Installation etc.).

1 Whether reporters of Local Papers may be allowed to see the judgment?

2. Vide office order dated 04.07.2025 (Annexure P-7), the Executive Engineer (RD&PR), Mandi, District Mandi, H.P., came to the conclusion that only five bidders had been found eligible for the tender dated 06/07.03.2025 and the petitionHer was also one of the five bidders.

3. One of the bidders, Surjeet Singh, had raised written objections regarding submissions made by the present petitioner on the ground that he had uploatded his bid and shown work-in-hand as ‘NIL’ on his letter head. However, it was found that there was an ongoing work in his favour which was 85% complete for “Construction of road Cylinder Godown Village Navara to Imla Khad Baral Pul (Karsog) K, 0/00 to 1/330 (SH formation cutting protection work, cross drainage work, drain parapets in km.0/000 to 1/330) under NABARD RIDF-XXIX” and thus it was confirmed that the petitioner was already executing a Government contract.

4. It was noticed that as per Rule 16 of the Standard Bidding Document, the petitioner had shown no work-in-hand and factually it was found that there was work in progress and he had given a wrong declaration. In pursuance of the same, the impugned order dated 28.07.2025 (Annexure P-10) was then passed, wherein for the reasons therein, he was debarred from participating in the tenders for a period of six months with immediate effect. The relevant portion of the said order reads as under:-

“Subject:- Request for Action against Sh. Nitin Bhardwaj (Reg.

No.HP-MZ-UP-grad-0021) - ConcealPment of Work-

in-Hand.

Sir, It is respectfully submittedH that Sh. Nitin Bhardwaj, contractor (Registration No.HP-MZ-UP-grad-0021), while participating in the tendering process of this office for construction of BDO Office Churag District Mandi, submitted incorrect information by not disclosing the details of work-in- hand. However, as per the report received from HPPWD Division Karsog, the is presently executing work under that division, whichr was not reflected in the work-in-hand statement submittued by him.

This act of suppression of material facts amounts to misleading the department and is a serious violation of tendering norms. In view of this, this office has debarred Sh. Nitin Bhardwaj from participating in tenders invited by this office for a period of six (6) months with immediate effect.

h You are requested to kindly take appropriate action at your level in this regard.

Enclosed herewith are the following documents for your reference:

H 1. Work-in-hand detail submitted by the contractor.

2. Work-in-hand report received from HPPWD Division Karsog.”

5. It is also not disputed that the petitioner has also placed on record a certificate dated 18.08.2025 which shows that for the “Construction of road Cylinder Godown Village Navara to Imla Khad Baral Pul (Kars