Jharkhand High Court
Everest Human Resource Consultants vs The Director General on 28 March, 2023
Author: Rajesh Shankar
Bench: Rajesh Shankar
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 66 of 2021
With
W.P.(C) No. 164 of 2021
With
W.P.(C) No. 705 of 2021
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Everest Human Resource Consultants, Delhi having its registered office at Lalpur, Ranchi through its authorized representative Major Vinoy Krishna (Retd.) ... ... Petitioner (in all cases) Versus
1. The Director General, Council of Scientific & Industrial Research, New Delhi
2. The Director, Central Institute of Mining and Fuel Research-CSIR, a constituent unit of the Council of Scientific & Industrial Research, Barwa Road, Dhanbad .... ... Respondents (in all cases)
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CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner : Mr. Amit Sinha, Advocate For the Respondents : Mr. Abhay Prakash, Advocate
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06/28.03.2023 W.P.(C) No. 66 of 2021 has been filed for quashing Notice Inviting Tender No. CIMFR/W&S/Security/BC/20 dated 11.12.2020 (Annexure-7 to the writ petition) issued by the respondent no. 2 with respect to the work of "Providing round the clock security services at Barwa Road Campus of CSIR- CIMFR, Dhanbad".
W.P.(C) No. 164 of 2021 has been filed for quashing Notice Inviting Tender No. CIMFR/W&S/Security/DC/20 dated 17.12.2020 (Annexure-3 to the writ petition) issued by the respondent no. 2 with respect to the work of "Providing round the clock security services at Digwadih Campus of CSIR- CIMFR, Dhanbad".
W.P.(C) No. 705 of 2021 has been filed for quashing letter dated 25.01.2021 issued by the Administrative Officer, CSIR-Central Institute of Mining and Fuel Research, Barwa Road, Dhanbad whereby the petitioner has been informed that the contract for "Providing round the clock security services at Barwa Road Campus of CSIR-CIMFR, Dhanbad" awarded to it vide Award letter no. CIMFR/W&S/Security/BC/19/963 dated 16/17.03.2020 in reference to NIT No. CIMFR/W&S/Security/BC/19 dated 16.10.2019 would be terminated w.e.f. 01.03.2021 on the ground that its performance was not up to the mark in view of the Competent Authority, CSIR-CIMFR, Dhanbad due to breach of several terms and conditions as mentioned in the letter dated 25.01.2021 as well as the petitioner has further been directed to withdraw its security services w.e.f. 01.03.2021 and to vacate the CSIR-
-2-CIMFR, Barwa Road Campus with all its men and materials.
Mr. Abhay Prakash, learned counsel for the respondents, submits that initially, the period of contracts concerning W.P.(C) No. 66 of 2021 and W.P.(C) No. 164 of 2021 was for six months with a stipulation that the same may be extended for further period of six months on same terms and conditions after getting satisfactory report. After satisfactory completion of one year, the contracts might have been extended for another one year on same terms and conditions. The contracts might have been extended or curtailed at the discretion of Competent Authority of CSIR-CIMFR, Dhanbad depending upon the performance of the contractor. It is further submitted that the works in question granted to the successful bidder have also come to an end and fresh tenders in this regard have also been issued by the respondents.
It is further submitted that so far as the petitioner's challenge made to letter dated 25.01.2021 [concerning W.P.(C) No. 705 of 2021] issued by the Administrative Officer, CSIR-Central Institute of Mining and Fuel Research, Barwa Road, Dhanbad whereby it has been informed regarding termination of contract for "Providing round the clock security services at Barwa Road Campus of CSIR-CIMFR, Dhanbad" w.e.f. 01.03.2021 and has also been directed to withdraw security services w.e.f. 01.03.2021 by vacating the said Campus, is concerned, the same has also become infructuous in view of the fact that the period of tender in question issued vide NIT No. CIMFR/W&S/Security/BC/20 dated 11.12.2020 has also come to an end in the year 2022. Under the said circumstance, the present writ petitions have become infructuous.
Considering the said submission, the writ petitions are accordingly disposed of as infructuous.
I.A. No. 776 of 2021 filed in W.P.(C) No. 164 of 2021 also stands disposed of.
(Rajesh Shankar, J.) Ritesh