Jharkhand High Court
Parity Infotech Solutions Private ... vs The State Of Jharkhand Through The ... on 12 December, 2022
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 5519 of 2022
Parity Infotech Solutions Private Limited, Delhi through its Director
Ranjan Mallick ... ...
Petitioner
-Versus-
The State of Jharkhand through the Secretary/Principal Secretary,
Department of Home, Prison and Disaster Management, Government
of Jharkhand & Ors. ... ... Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : Mr. Manoj Tondon, Advocate
For the Resp. Nos. 1, 2, & 5 : Mr. Gaurav Raj, A.C. to A.A.G.-II
For the Resp. Nos. 3 & 4 : Mr. Amrendra Pradhan, Advocate
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04/12.12.2022 The present writ petition has been filed seeking following reliefs:
(i) For quashing/setting aside letter no. 03/Pu.(Ra.Yo.)-
135/2022-4128 dated 21.09.2022 (Annexure-6 to the writ petition) issued by the Principal Secretary, Department of Home, Prison and Disaster Manager, Government of Jharkhand (the respondent no. 2) whereby the Chairman- cum-Managing Director, Jharkhand Police Housing Corporation Limited has been directed to stay/rescind the tender process and submit a report in relation to installation of CCTV cameras in Police Stations of Jharkhand.
(ii) For quashing/setting aside letter no. 03/Pu.(Ra.Yo.)- 135/2022-4289 dated 06.10.2022 (Annexure-7 to the writ petition) issued by the respondent no. 2 whereby the Director General-cum-Inspector General, Jharkhand, Ranchi has been directed to rescind/cancel the entire tender process relating to installation of CCTV cameras in Police Stations of Jharkhand
(iii) For quashing/setting aside the decision as contained in letter no. 26 dated 17.10.2022 (Annexure-8 to the writ petition) issued by respondent no. 2. whereby the Chairman- cum-Managing Director, Jharkhand Police Housing Corporation Limited has been directed to cancel/rescind the entire tender process relating to installation of CCTV cameras in Police Stations of Jharkhand.
The writ petition was earlier listed before the learned Division of this Court. The order dated 21.11.2022 passed by learned Division Bench -2- is as under:
"Petitioner is aggrieved by the direction at Anneuxre-6 letter dated 21.09.2022 issued by the Respondent No. 2, directing the Respondent No. 3 to rescind the tender process in relation to installation of CCTV cameras in the police stations of Jharkhand."
2. Petitioner contends that after two rounds of tender, in the 3rd round also when the petitioner became single bidder, the work was allotted to him on 31.08.2022 (Annexure-5). He has also undertaken some work and part payment has also been made. Thereafter, the entire tender process is being revoked. It would lead to breach of the timeline stipulated by the Apex Court in the case of Paramvir Singh Saini versus Baljit Singh & others in Special Leave to Appeal (Crl.) No. 3543/2020 vide order dated 02.03.2021 (Annexure-1).
3. However, considering the nature of challenge to the revocation of tender, matter requires to be heard by the learned single Bench. As per the present distribution of roster, this Division Bench has been assigned the subject of 'grant of tender relating to public service' only.
4. Learned counsel for the petitioner submits that there is an urgency in the matter.
5. Registry to list the matter, if possible, on 23.11.2022, before the appropriate single Bench."
The writ petition has thus been listed today before this Court. Mr. Gaurav Raj, learned A.C. to A.A.G.-II appearing on behalf of the respondent nos. 1, 2 and 5, as well as Mr. Amrendra Pradhan, learned counsel appearing on behalf of the respondent nos. 3 and 4, pray for and are allowed three weeks' time to seek instruction and file respective counter affidavits.
Mr. Manoj Tondon, learned counsel for the petitioner, prays for interim relief in this case.
Learned counsel for the respondent nos. 3 and 4, while producing a copy of show cause notice as contained in letter no. 1116 dated 04.11.2022, submits that the same was issued to the petitioner calling upon it to furnish explanation in view of the allegations mentioned in the complaint/letters with respect to serious irregularities committed by and on behalf of the petitioner while obtaining the work order under Tender Ref. No. JPHCL/CCTV/PS/EoI/01/2022-23 dated 30.07.2022. It appeared to the competent authorities of the Government of Jharkhand that the petitioner being single bidder should not have been awarded with the said work order while declaring the other two bidders as technically disqualified without finding sufficient cause. The petitioner however did not submit its explanation and subsequently the work in question awarded to the petitioner was terminated on 10.12.2022 and communication to that effect was also made to it through e-mail on the same date circulating the copy of the same to the respondent no. 2.
-3-Copy of letter dated 04.11.2022 is taken on record. Considering the said submission of the learned counsel for the respondent nos. 3 and 4, no interim order can be passed in this case. However, termination of the agreement with respect to the work in question shall be subject to outcome of the present writ petition.
Put up this case on 10.01.2023 under the heading "For Admission".
(Rajesh Shankar, J.) Ritesh