Procurement Cancellation - The RTPP Act, 2012, permits procurement processes to be canceled only under specific provisions, notably Section 26, which mandates that reasons for cancellation must be recorded and communicated properly. The process involves rejecting bids as per the relevant rules (Rules 72 of the RTPP Rules, 2013) and calling for fresh tenders if necessary. M/S B AND G CONSTRUCTION COMPANY vs STATE OF RAJASTHAN - Rajasthan, JITENDRA THANVI vs STATE OF RAJASTHAN AND ORS - Rajasthan
Appeals and Legal Remedies - Section 38 of the RTPP Act provides a mechanism for challenging decisions or actions of the procuring entity that contravene the Act or Rules. Courts have upheld the right to appeal against wrongful debarments or penalties, emphasizing that fair opportunity and proper procedures must be followed, including providing hearings before blacklisting or debarment. JANHIT SEWA SANSTHAN, NAGAUR Vs THE STATE OF RAJASTHAN - Rajasthan, Vishnu Prakash R Pungalia Limited VS State Of Rajasthan - Rajasthan, Mohan Traders VS Raj Rajya Sahkari Upbhokta Sangh Ltd - Rajasthan, Mohan Traders VS Raj. Rajya Sahkari Upbhokta Sangh Ltd. - Rajasthan
Bid Rejection and Fresh Tenders - The Act allows procuring entities to reject bids if procedures are not followed, or if conditions are violated, and to issue fresh NITs (Notice Inviting Tenders). For example, calling for negotiations after bid submission without proper basis was deemed unlawful. Mahadev Stone Crusher VS State Of Rajasthan, Through The Principal Secretary, Public Works Department - Rajasthan
Blacklisting and Penalties - Under Section 42 of the RTPP Act, blacklisting or imposing penalties requires adherence to principles of natural justice, including providing an opportunity to be heard. Orders imposing penalties without such opportunities are liable to be quashed. Ram Pratap Singh VS State Of Rajasthan - Rajasthan, Mohan Traders VS Raj Rajya Sahkari Upbhokta Sangh Ltd - Rajasthan
Transparency and Fairness - The Act emphasizes transparency, recording cogent reasons for decisions like exclusion of bidders (Section 25(3)), and ensuring decisions are communicated properly (Section 25(4)). Arbitrary or perversity in procurement decisions violates constitutional rights (Articles 21 and 19) and the principles of fairness mandated by the RTPP Act. Rajasthan State Warehousing Corporation VS Shree Shubham Logistics Limited - Rajasthan, Shree Shubham Logistics Limited VS State of Rajasthan - Rajasthan
Legal Principles and Court Judgments - Courts have consistently held that procurement decisions must comply with the statutory framework, ensuring fair hearing, proper recording of reasons, and adherence to due process. Any deviation, such as unilateral blacklisting or arbitrary conditions, can be challenged and set aside. Shree Shubham Logistics Limited VS State of Rajasthan - Rajasthan, Mohan Traders VS Raj. Rajya Sahkari Upbhokta Sangh Ltd. - Rajasthan
Analysis and Conclusion:
The RTPP Act, 2012, establishes a structured framework for procurement, emphasizing transparency, fairness, and accountability. Decisions to cancel procurement, reject bids, or impose penalties must strictly follow the provisions of Sections 26, 38, 42, and related rules, ensuring proper reasons are recorded and communicated. Any action taken outside these provisions, especially without fair hearing, is subject to judicial review and can be invalidated. Therefore, procurement decisions must align with the RTPP Act to be valid and enforceable.
References:
- IND_HC_RJHC010373062019
- IND_HC_RJHC010218642018
- IND_HC_RJHC010788942018
- 01700063392
- 01700070284
- 01700056028
- 01700070230
- 01700060664
- 01700054654
- 01700061990
: Approved to cancel the procurement process and reject the instant bid as per section the instant bid as per section 26 of RTPP Act, 2012 and Rule process as per section 26 of RTPP act 2012 and rule 72 of 26 of RTPP Act, 2012 and Rule 72 of RTPP Rules, 2013 and to span style="font-family:Verdana,serif;font-size:11.5pt ... RTPP Rules, 2013 and to call for fresh tenders.
As per Section 26 of the RTPP Act, 2012, a procurement process can only be cancelled in accordance with the procurement and reasons for such decision shall be Section 26 of the RTPP Act which reads as below: (3) The decision of the procuring entity to cancel p style="position:absolute;white-space:pre;margin:0;padding:0;top:848pt;
As per the said Act, Section 38, appeal would lie against any decision, action or omission of the procuring entity which is in contravention to the provision of the Act or the Rules thereunder. ... E-Bid was conducted by the Nagaur District Co-operative Milk Producers Union Ltd., Nagaur in terms of the Rajasthan Transparency in Public Procurement Act, 2012 (hereinafter referred as ‘RTPP Act’). ... Learned counsel appearing for the petitioner submits ....
Blacklisting - Public Procurement - Rajasthan Transparency in Public Procurement Act, 2012, Section 42 Fact of the Case: ... Section 42(2)(d) of the RTPP Act. ... Final Decision: The impugned order imposing the penalty without providing an opportunity of hearing was quashed. ... In relation to petitioner's grievance qua order dated 13.08.2019 (Annexure-15) whereby, penalty of Rs. 50 lacs has been imposed upon the petitioner under Section 42 of the Rajasthan Transparency in Public #HL_....
(A) Rajasthan Transparency in Public Procurement Act, 2012 - Section 15 and Rule 69 - Writ petition challenging the legality of the ... The petitioner emerged as the lowest bidder but was called for negotiations post-bid, which was contrary to the provisions of the RTPP ... Act - The court held that the respondents acted within their rights to reject bids and issue fresh NIT without affording the petitioner ... He further submits, while relying upon Section 40(c) and 40 (d) of the RTPP Act#HL_....
As per Section 25(3) of the RTPP Act, the decision to exclude a bidder should be taken on the basis of cogent reasons to be recorded in writing and has to be subsequently communicated to the concerned bidder in terms of Section 25(4) of that Act. ... Act for communicating the same to the concerned bidder and its publication on the State Public Procurement Portal in terms of Section 25(4) of the RTPP Act. ... Here it may be noted tha....
(A) Rajasthan Transparency in Public Procurement Act, 2012 - Section 46 - Writ petitions challenging the ... failed to provide a reasonable opportunity of hearing before debarment, violating the mandatory provisions of Section 46(5) of the RTPP ... Act - The impugned orders were quashed, and the respondents were restrained from taking coercive action for encashment of bank guarantees ... Subsequently, the decision was taken by the respondent authorities to annul the procurement process....
Blacklisting - Public Procurement - Rajasthan Transparency in Public Procurement Act, 2012 - Section 38 - The judgment discusses ... Final Decision: The special appeal succeeded, and the order impugned was set aside. ... Act, 2012. ... Learned Senior counsel submitted that the 'Bidder' is defined under Section 2 (ii) of the RTPP Act as 'any person participating in a procurement process with a procuring entity'. ... Drawing the attention of the Court....
Constitution of India - 1950 - Article 21 and 19 - RTPP Act – Section 6 – Condition – Construction of godowns ... this Court has found to be arbitrary suffering from perversity tailor made and also in violation of provisions contained under RTPP ... Act this Court deems it appropriate to quash NIT issued by respondent-RSWC and strike down eligibility conditions laid down therein ... The RTPP Act lays down certain general principles relating to procurement and it would....
Rajasthan Transparency in Public Procurement Act, 2012 – Section 2(ii), 38, 43, 11 r/w 46 – Appeal - Appeal ... justice and extended fair opportunity of hearing to the appellant - Whether against order impugned, the appeal under Section 38 of RTPP ... Act is maintainable or not – Held, Court are firmly of the opinion that order impugned passed by respondent-Managing Director, CONFED ... Learned Senior counsel submitted that the 'Bidder' is defined under Section 2(ii) of the RTPP Act as....
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