AI Overview...
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Violation of Natural Justice - Orders blacklisting or debarment without providing fair hearing violate principles of natural justice under the RTPP Act. Courts have emphasized that such actions must follow due process, including proper notice and opportunity to be heard. For instance, in Mohan Traders VS Raj Rajya Sahkari Upbhokta Sangh Ltd - Rajasthan and Mohan Traders VS Raj. Rajya Sahkari Upbhokta Sangh Ltd. - Rajasthan, the courts held that blacklisting without fair hearing is arbitrary and illegal.
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Non-compliance with Tender Provisions - Issuance of work orders or rejection of bids contrary to the provisions of the RTPP Act and Rules, such as conducting negotiations post-bid or issuing work orders without proper tender process, is unlawful. Examples include Rajasthan State Warehousing Corporation VS Shree Shubham Logistics Limited - Rajasthan, where work was awarded without following tender procedures, and Shree Shubham Logistics Limited VS State of Rajasthan - Rajasthan, where eligibility conditions were arbitrary and violated the Act.
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Contract Termination and Revival - The courts have consistently held that once a contract is terminated following due process, it cannot be revived without proper procedures. In PMP Infratech Private Limited VS Rajasthan State Mines and Minerals Limited - Rajasthan and PMP Infratech Private Limited VS Rajasthan State Mines and Minerals Limited, through its Chairman - Rajasthan, the courts observed that arbitrary or telephonically directed suspensions of termination are invalid, reinforcing the importance of adherence to due process.
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Unauthorized Fund Transfers and Procedural Violations - Transferring funds between projects without following prescribed procedures or inviting new tenders is illegal under the RTPP Act. The case Rajender Singh Solanki VS State of Rajasthan - Rajasthan highlights that such actions, along with inflated project costs without proper estimates, breach procurement norms.
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Arbitrary Eligibility Conditions - Conditions that are arbitrary or tailored to exclude bidders without proper reasons violate constitutional protections under Articles 14, 19, and 21, as seen in Shree Shubham Logistics Limited VS State of Rajasthan - Rajasthan. The Court quashed such conditions, emphasizing the need for transparency and fairness.
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Overall Analysis and Conclusion - The consistent judicial stance underscores that actions such as work orders given without following the provisions of the RTPP Act, especially without fair opportunity and proper procedures, are illegal and violative of principles of natural justice and constitutional rights. Compliance with due process, transparency, and adherence to statutory provisions are essential in public procurement to prevent arbitrariness and ensure legality.
References: - Mohan Traders VS Raj Rajya Sahkari Upbhokta Sangh Ltd - Rajasthan - Mahadev Stone Crusher VS State Of Rajasthan, Through The Principal Secretary, Public Works Department - Rajasthan - PMP Infratech Private Limited VS Rajasthan State Mines and Minerals Limited - Rajasthan - Rajender Singh Solanki VS State of Rajasthan - Rajasthan - Shree Shubham Logistics Limited VS State of Rajasthan - Rajasthan - Mohan Traders VS Raj. Rajya Sahkari Upbhokta Sangh Ltd. - Rajasthan - Rajasthan State Warehousing Corporation VS Shree Shubham Logistics Limited - Rajasthan - PMP Infratech Private Limited VS Rajasthan State Mines and Minerals Limited, through its Chairman - Rajasthan - Real Mazon India Ltd. VS State of Rajasthan - Rajasthan - Project Director, RUIDP VS Ramky Infrastructure Ltd. - Rajasthan
Search Results for "Work Order Given Without Following Provisions of Rtpp Act"
2021 0 Supreme(Raj) 423 • India - Rajasthan
SANGEET LODHA, RAMESHWAR VYAS
Finding of the Court: The court found that the order blacklisting the appellant was passed without affording a fair ... Ratio Decidendi: The court held that the order blacklisting the appellant without fair opportunity of hearing was violative ... It highlights the importance of following the principles of natural justice before taking actions with civil consequences such as ... The said notice was followed by notice dated 1.6.17 with reference to the provisions of Section 11 & Sect....
2024 0 Supreme(Raj) 1468 • India - Rajasthan
NUPUR BHATI
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 an opportunity ... 16) ... ... (B) Tender Process - The authority reserves the right to accept or reject any bid prior to the award of contract without ... However, it is clear from the perusal of the opening phrase “Subject to Section 40” as used in Se....
2024 0 Supreme(Raj) 431 • India - Rajasthan
DINESH MEHTA
(RTPP Act) - The court discussed the provisions of the RTPP Act, emphasizing that once a contract is terminated following due process ... The Chairman's directive to keep the termination in abeyance was deemed arbitrary and without legal basis, reinforcing the need for ... Ratio Decidendi: The court held that a contract, once terminated following due process, cannot be revived ... Learned Senior Counsel submitted that after the execution of the cont....
2017 0 Supreme(Raj) 799 • India - Rajasthan
PANKAJ BHANDARI
The court ruled that the transfer of funds from one project to another without following proper procedures and inviting new tenders ... Whether the transfer of funds from one project to another without following proper procedures and inviting new tenders was permissible ... It noted that the investigation revealed inflated project costs without proper estimates or demand, transfer of funds without legal ... they do not get the power to make payments to the contractors without....
2018 0 Supreme(Raj) 915 • India - Rajasthan
SANJEEV PRAKASH SHARMA
eligibility conditions which this Court has found to be arbitrary suffering from perversity tailor made and also in violation of provisions ... Constitution of India - 1950 - Article 21 and 19 - RTPP Act – Section 6 – Condition – Construction of godowns ... contained under RTPP Act this Court deems it appropriate to quash NIT issued by respondent-RSWC and strike down eligibility conditions ... above, such a limitation condition without assigning reasons would amount to arbitrariness an....
2021 0 Supreme(Raj) 1161 • India - Rajasthan
SANGEET LODHA, RAMESHWAR VYAS
38 of RTPP Act is maintainable or not – Held, Court are firmly of the opinion that order impugned passed by respondent-Managing ... Director, CONFED without affording a fair opportunity of hearing to appellant, is ex facie violative of elementary principle of natural ... certificate of satisfactory completion of work, appellant has been blacklisted and debarred from entering into business with CONFED ... The said notice was followed by notice dated 1.6.17 with reference to the provisions#HL_EN....
2018 0 Supreme(Raj) 1577 • India - Rajasthan
MOHAMMAD RAFIQ, GOVERDHAN BARDHAR
Constitution of India – Articles 14, 19(1)(g) and 21 – Order of single judge by quashing Notice Inviting ... to deny participation – Ordered accordingly (Para 48, 49) Facts of the Case: Order ... The said work order was issued to Star Agri without following any tender process and in complete violation of Section 30 of the RTPP Act. ... laid down under Section 6 and 30 of the RTPP Act and rules contained thereunder ....
2024 0 Supreme(Raj) 410 • India - Rajasthan
DINESH MEHTA
(RTPP Act) - The court discussed the provisions of the RTPP Act, emphasizing that once a contract is terminated following due process ... However, RSMML later kept both the termination and the new contract in abeyance following a telephonic direction from the Chairman ... Ratio Decidendi: The court held that a contract, once terminated following due process, cannot be revived ... Learned Senior Counsel submitted that after the execution of the contr....
2018 0 Supreme(Raj) 1342 • India - Rajasthan
SANJEEV PRAKASH SHARMA
and fixing of HSRP bid was required to be submitted on-line in electronic format consisting of technical and financial proposal - Provisions ... Motor Vehicles Rules, 1989 - Public Procurement Act, 2012 - Section 4 - Rule 50 of Central Motor Vehicles ... The provisions of the Rajasthan Transparency in Public Procurement Act, 2012 (hereinafter referred as “RTPP Act”) were made applicable for the procurement and the Rules famed thereto were to prevail. ... ... (2) Subject to the #HL_ST....
2019 0 Supreme(Raj) 167 • India - Rajasthan
MOHAMMAD RAFIQ, GOVERDHAN BARDHAR
Ramky Infrastructure Ltd. was required to provide clarification on the following points:- 1. ... Learned Single Judge was therefore not justified in holding that further opportunity to cure the deficiency should have been given ... Fact of the Case: The appellant-RUIDP floated a bid for procurement of design and construction of work of providing ... It is submitted that the appellants have bypassed the provisions of the RTPP Act and curtailed the right of appeal of the writ-petitione....
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