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Madhya Pradesh High Court

Ritesh Tiwari vs M.P. State Cooperative Marketing ... on 23 November, 2020

Author: Sanjay Dwivedi

Bench: Sanjay Dwivedi

                                                                        1                             WP-17821-2020
                                           The High Court Of Madhya Pradesh
                                                      WP-17821-2020
                                    (RITESH TIWARI Vs M.P. STATE COOPERATIVE MARKETING FEDERATION LIMITED AND OTHERS)

                                   1
                                   Jabalpur, Dated : 23-11-2020
                                         Heard through Video Conferencing.
                                         Shri D.K. Dixit, Advocate for the petitioner.
                                         Shri Vivek Sharma, Deputy Advocate General for respondent No.2.

By the instant petition, the petitioner is raising objection with regard to conduct of respondent no.4 who has not disclosed his criminal antecedents and given false affidavit whereas the counsel for the petitioner submits that in declaration form it should have been declared by respondent No.4 that a criminal case is pending against him. The petitioner in this regard has filed a document i.e. charge-sheet showing that case has been registered at Police Station Bargi against respondent No.4 under Sections 407, 34, 420, 467, 468, 471, 120-B of IPC and is still pending. It is also pointed out that in declaration form, respondent No.4 has suppressed this material fact and given false information to the respondents. The petitioner has also pointed out this illegality and also apprised the authority asking him not to open the financial bid of respondent No.4 but despite that same has been opened and it is every likelihood that contract would be awarded to respondent No.4.

Considering the above, let notice be issued to respondents No.1, 3 and 4 on payment of process fee within seven days by RAD mode, returnable before the next date of hearing.

List on 07.01.2020.

In the meantime, it is directed that no final decision shall be taken by the authorites in respect of the contract and no further proceedings would be initiated for allotment of work in pursuance to tender notice (Annexure-P/1) for which technical bid was opened on 15.10.2020 and final bid was opened on 28.10.2020.

Certified copy as per rules.

2 WP-17821-2020 (SANJAY DWIVEDI) JUDGE Sudesh Signature Not Verified SAN Digitally signed by SUDESH KUMAR SHUKLA Date: 2020.11.24 15:56:46 IST