Jharkhand High Court
Uday Shankar Dubey & Others vs The Chairman-Cum-Managing Director on 25 November, 2020
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 1902 of 2020
Uday Shankar Dubey & Others ..... Petitioners
Versus
The Chairman-cum-Managing Director, M/s Bharat Coking Coal Limited,
Dhanbad & Others ..... Respondents
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CORAM HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioners: Mr. Niranjan Singh
For the BCCL: Mr. A. K. Mehta
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02/25.11.2020 I.A. No. 3940/2020
The case is taken up through Video Conferencing.
The present interlocutory application has been filed on behalf of the petitioners seeking stay of the operation of the impugned e-Notice Inviting Tender issued vide Ref. No. BCCL/GM(Admn)/CTP/2020/1637 dated 23.06.2020 (Annexure-3 to the writ petition) by the respondent No.3, during the pendency of the present writ petition.
Learned counsel for the petitioners submits that the respondent-BCCL had earlier issued notice dated 29.08.2019 inviting application for registration of contractors on SOR basis for hiring of different categories of light commercial vehicles/light goods carrier vehicles from all proprietorship/partnership/ company/Govt./Semi Govt. Organisation/Joint Venture/Consortium firms etc. The petitioner participated in the said notice dated 29.08.2019 and was registered as one of the contractors on SOR basis with M/s BCCL. The said registration was effective from 25.12.2019 to 24.12.2024 in respect of the petitioner No.1, from 09.01.2020 to 08.01.2025 in respect of the petitioner Nos. 2 to 7 & 11, from 06.03.2020 to 05.03.2025 in respect of the petitioner No.8, from 21.01.2020 to 20.01.2025 in respect of petitioner No.9 and from 22.02.2020 to 21.02.2025 in respect of the petitioner No.10. However, the respondent-BCCL has issued another e-Notice Inviting Tender dated 23.06.2020 (impugned herein) for the same work within a period of one year. The grievance of the petitioner is that issuance of the impugned e-Notice Inviting Tender dated 23.06.2020 has adversely affected the interest of the petitioners, who were registered as contactors on SOR basis by M/s BCCL. As per Clause-5 of the impugned e-Notice Inviting Tender dated 23.06.2020, the said invitation has been made open to all the bidders including an individual, proprietorship firm, partnership firm, company or a joint venture/Consortium having eligibility to participate as per the eligibility criteria stipulated in Clause-6 of the impugned e- Notice Inviting Tender dated 23.06.2020. Hence, the operation of the impugned e-Notice Inviting Tender dated 23.06.2020 may be stayed during the pendency of the present writ petition.
Mr. A. K. Mehta, learned counsel appearing on behalf of the respondent- BCCL, submits that there is no illegality in issuance of the impugned e-Notice Inviting Tender dated 23.06.2020 as the respondent-BCCL has to see the financial viability of the company in hiring the different categories of vehicles. Moreover, the eligibility condition stipulated in Clause-5 of the impugned e-Notice Inviting Tender dated 23.06.2020 would provide an opportunity to different categories of bidders inviting more competition amongst them.
Having heard learned counsel for the parties, I am not inclined to stay the operation of the impugned e-Notice Inviting Tender dated 23.06.2020 issued by the respondent-BCCL. However, finalisation of the same shall be subject to the outcome of the present writ petition.
The present interlocutory application is accordingly disposed of. W.P.(C) No. 1902 of 2020 Mr. A. K. Mehta, learned counsel for the respondent-BCCL, prays for and is allowed four weeks' time to seek instruction and file counter affidavit.
Put up this case after four weeks under the heading 'For Admission'.
Satish/- (RAJESH SHANKAR, J)