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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

WPC No. 1012 of 2022

Mr. Shamsher Singh S/o Mr. Vidhyanchal Singh Aged About 42 Years R/o

Main Road Jarhi Colony, P.O. Bhatgaon Colliery, District- Surajpur (C.G.)

Pin- 497235

---- Petitioner

Versus

General Manager Bhatgaon, Area, South Eastern Coalfields Limited, Po

Bhatgaon, District- Surajpur (C.G.) 497235

---- Respondent

(Cause-title taken from Case Information System)

For Petitioner

:

Mr. Abhishek Banjare, Advocate.

For Respondents

:

Dr. Sudeep Agrawal, Advocate.

Hon'ble Shri Arup Kumar Goswami, Chief Justice

Hon'ble Shri

Sanjay Agrawal

, Judge

Order on Board

Per

Arup Kumar Goswami, Chief Justice

01.12.2022

Heard Mr. Abhishek Banjare, learned counsel for the petitioner. Also

heard Dr. Sudeep Agrawal, learned counsel, appearing for the respondent.

2.

Pursuant to a Notice Inviting Tender (NIT) dated 24.08.2021 issued by

the respondent for work of temporary patch repairing work at coal

transportation road near Songara of Mahan sub area of Bhatgaon area, the

petitioner was awarded the work for a total value of Rs.10,19,520/- by an

order dated 24.09.2021.

3.

The order dated 24.09.2021 clearly stated that the petitioner should

commence work within a period of ten days of issuance of the letter or

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handing over of the site, which ever is earlier and period of completion of

work shall be fifteen days. The site for project was handed over to the

petitioner on 01.10.2021 and therefore, the date of completion was to be

15.10.2021.

4.

On 23.11.2021, the Staff Officer (Civil) Bhatgaon Area of the

respondent issued a letter to the petitioner stating that the petitioner had

neither started the work nor had submitted the work programme despite

several requests being made in that regard. It was observed that the

petitioner was not interested to take up the work and blocked important

work. Accordingly, invoking Clause 6.1 of the General Terms and Conditions

of the NIT, which is not enclosed by the petitioner in this petition, it was

recorded as follows:

“If the contractor, without reasonable cause or valid

reasons, commits defaults in commencing the work withing

the aforesaid time limit, the company shall, without

prejudice to any other right or remedy, be at liberty, by

giving 15 day’s notice in writing to the contractor to

commence the work, falling which to rescind the Letter of

Acceptance of Tender / Work Order. The bidder(s) will be

banned for 02(two) years for being eligible to submit bids in

CIL and its subsidiaries with the approval of Tender

Acceptance Authority with intimation to all concerned and

online blocking of bidder shall be done on receipt of written

communication from the Tender inviting Authority by

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application admin of CIL e-Procurement Portal.

In light of the above department has no option other than to

serve you 15 day’s notice in reference to above. This may

be treated as final 15- day’s notice”

5.

In the letter dated 25.11.2022, the petitioner indicated certain

difficulties faced by him but there is no denial of the fact that he had not

given the work programme as alleged in the letter dated 23.11.2021.

Subsequently, by an order dated 29.01.2022, the following action was

taken:

“i.

Cancellation of your bid against NIT No.GM/BHAT/

CVL/eTENDER/21-22/32 dt. 24.08.2021 and to rescind the

letter of acceptance of tender/Work Order.

ii.

Debarring from participation in Re-tender for the

above work.

Iii.

Forfeiture of EMD of Rs.30,586.00 deposited by

you for this work.

iv.

Debarring from participating in all future tenders of

SECL, Bhatgaon Area for a period of 24 (Month) from the

date of issue of this letter.”

6.

By filing this petition, the petitioner prays for the following reliefs:

“10.i

That this Hon’ble Court may kindly be pleased to

direct the concerned respondents to cancel the letter of

debarring him from work.

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10.ii

That this Hon’ble Court