Advocates:
['RAM NARAYAN SAHU', 'A G', 'MANOJ CHAUHAN', 'SOMKANT VERMAC P LAHREY']

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NAFR

HIGH COURT OF CHHATTISGARH BILASPUR

Order Reserved on 09.02.2021

Oder Delivered on 18.02

.2021

Writ Petition (C) No. 1958 of 2020

Sunny Security Services, Through its Proprietor Ganesh

Rameshwar Choubey, son of late R.R. Choubey, aged

about 44 years, R/o House No.503, Behind Raghuraj Singh

Stadium Imlipara, Bilaspur, District Bilaspur (C.G.).

---- Petitioner

Versus

1.

State of Chhattisgarh, Through the Secretary, Urban

Administration & Development Department, Mahanadi

Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District

Raipur (C.G.).

2.

Director, Directorate, Urban Administration & Development

Department, Indrawati Bhawan, Atal Nagar, Nawa Raipur,

District Raipur (C.G.).

3.

Chief Municipal Officer, Nagar Palika Parishad Jashpur

Nagar, District Jashpur (C.G.).

4.

Vikash Kumar Jaiswal, son of Raj Kumar Jaiswal, aged

about 40 years, R/o Ward No.13, Main Road Bageecha,

District Jashpur (C.G.).

---- Respondents

For Appellant

: Shri Ram Narayan Sahu, Advocate

For Respondent/State : Shri Siddharth Dubey, Dy. Govt. Advocate

For Respondent No.3 : Shri Manoj Chouhan, Advocate

Hon'ble Shri P. R. Ramachandra Menon

, Chief Justice

Hon'ble Shri Parth Prateem Sahu, Judge

C A V Order

Per Parth Prateem Sahu

, Judge

1.

Petitioner who is a contractor engaged in supply of Manpower

(skilled, Un-skilled, semi skilled and safai worker) participated in

tender proceedings bearing Notice Inviting Tender (for short 'NIT')

No.134/Estt./2020-21 Jashpur Nagar, dated 01.05.2020 floated by

respondent No.3. The bid submitted by petitioner came to be

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rejected, which made the petitioner to prefer instant writ petition with

following reliefs :-

“10.1 That, this Hon'ble Court may kindly

be pleased to direct the respondent

authorities particularly the respondent

No.3 to open the form-A of petitioner.

10.2

That, this Hon'ble Court may

kindly be pleased to direct the

respondent authorities particularly the

respondent No.3 not to issue work order

to the respondent No.4.

10.3

That, this Hon'ble Court may

kindly be pleased to direct the

respondent authorities particularly the

respondent No.3 to cancel the NIT dated

01.05.2020 (Annexure P-1).

10.4

Any appropriate writ, direction or

order may also kindly be passed in

favour of the petitioners, which this

Hon'ble Court deems fit in the

circumstances of the case.”

2.

Facts of the case in nutshell are that, respondent No.3 issued

NIT inviting bids from the reputed NGOs and experienced firm for

'supply of Manpower (skilled, Un-skilled, semi skilled and safai

worker)', period of which contract was for one year. The petitioner

being experienced in the sector of providing manpower and holding

all requisite qualifications as per the terms and conditions, made an

application for procuring e-tender. The bid start date was 02.05.2020

and bid opening date was 25.05.2020. Bid of petitioner was not

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opened and it was left in system, whereas bids submitted by other

participants were opened. When petitioner made search in web-

portal, it came to his knowledge that his bid was not opened and as

per screen shot of website, remark has been made that bidder is

debarred/banned/ blacklisted. When inquiry has been made from the

office of respondent No.3, it was informed that it may be for the

reason of some action taken against petitioner for outstanding

against Employees' Provident Fund Organization (for short 'EPFO').

This reason has been assigned orally. The action taken by EPFO

has already been settled. Petitioner is engaged in security services

since long back and worked with various authorized institutions in

State of Chhattisgarh. Petitioner has made representation, but no

action was taken on it.

3.

Respondent No.3 submitted reply to petition pleading that

there was outstanding amount of Rs.48,12,998/- against the

petitioner of EPFO. Respondent No.3 vide letter d