Orissa High Court
Kalinga Warriors (Partnership Firm) vs State Of Odisha And Others ... Opposite ... on 18 September, 2025
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.25327 of 2025
Kalinga Warriors (Partnership Firm) ... Petitioner
Mr. Prabodha Chandra Nayak, Advocate
-Versus-
State of Odisha and others ... Opposite Parties
Ms. Suman Pattanayak, Addl. Govt. Advocate (for
opposite party Nos. 1 and 2)
Mr. Sukanta Kumar Dalai, Advocate
( for opposite party no.5)
CORAM:
THE HON'BLE THE CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
ORDER
Order No. 18.09.2025
01. W.P.(C) No.25327 of 2025 and I.A. No.15603 of 2025
1. The Tender Call Notice for deployment of the security/outsourcing personnel was issued by the Balasore-Bhadrak Central Cooperative Bank Ltd for inviting the bid for the intending bidder on 20th August, 2025.
2. Undeniably, the petitioner along with the opposite party no.5 and the other intending bidders, participated in the said process and the petitioner was adjudged as a successful bidder. A letter was issued by the said Cooperative Bank on 1st September, 2025 communicating that the petitioner has emerged successful and to deploy the security/outsourcing personnel. However, the petitioner was further called upon to negotiate with regard to the number of various persons to be deployed at different stations on 3rd September, 2025. Before the petitioner proceeds for negotiation, a letter dated 02.09.2025 was served upon him, which disclosed that the complaint had been received from different sources indicating the deficiencies to meet the Page 1 of 3 standard and the requirement as stipulated in the tender notice, which include four defects in the following:-
"[Defect 1]: Allegation of Non-deposit of EPF from Office of the Controller of Accounts, Odisha, BBSR. (copy enclosed) [Defect 2]: Non submission of month wise details of remuneration paid to the MVU vehicle drivers and their EPF & ESI slip from Office of The chief district Veterinary Officer, Jagatsinghpur. (Copy enclosed) [Defect 3]: Previously Terminated as a service provider from Directorate Textile Odisha, Bhubaneswar. (Copy enclosed) [Defect 4]: Your agency has been black listed from participating future tenders of OMDC. (Copy enclosed)".
3. The said letter was duly replied to on the same date by the petitioner, wherein a specific stand was taken that all those allegations are unsustainable including the black listing of the petitioner, as the order of black listing inflicted upon the petitioner was challenged before this Court in a writ petition, which was ultimately disposed of, quashing and setting aside the same with further direction upon the authority to reconsider the issue. According to the petitioner, no decision has been taken as yet. Despite such disclosure having made in the reply with the corroborative evidence, the order of cancellation of the contract is issued on 05.09.2025 solely on the ground that several complaints and/or allegations from different sources were received by the authority with regard to the deficiency of service and previous termination and also black listing. The tender application is required to be cancelled, taking aid of column No.33 of the tender documents. The said clause provides that the agency should not have any criminal antecedent/previous unsatisfactory service report/previously black listed by any organization. The order of Page 2 of 3 cancellation does not contain any reason, nor is any discussion made on the disclosure of the facts and the documents in the reply filed by the petitioner. Prima facie, we find that the order of cancellation is bereft of any reason.
4. Mr. Sukanta Kumar Dalai, learned counsel appears on behalf of the opposite party no.5 and submits that he has been chosen to be awarded with the contract, but till date, the contract has not been awarded as the matter is pending before the competent authority.
5. Since we find a prima facie case having made out, the petitioner is entitled to an interim protection. Accordingly, the authorities are restrained from taking any steps or further steps on the basis of the said tender call notice by awarding a contract in favour of anybody including the opposite party no.5 for a period of eight weeks from date or until further orders, whichever is earlier.
6. Issue notice to the opposite party nos.3 and 4 by Registered post/Speed Post with A.D., requisites for which shall be filed within three working days. In the event of furnishing such requisites within the period stipulated, the Office shall send the notice to the said opposite parties by fixing a short returnable date.
7. List this matter on 16th October, 2025.
(Harish Tandon) Chief Justice (M.S. Raman) Judge Aswini Signature Not Verified Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: Personal Assistant (Secretary-in-Charge) Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 19-Sep-2025 20:00:07 Page 3 of 3