blacklisting even as per para 18.6(2) of U.P. Procurement Manual (Procurement of Goods), 2016 applicable in all Government Departments in the State ... also in the light of para 18.6(2) of U.P. Procurement Manual (Procurement of Goods), 2016, both the impugned orders are unsustainable.
Lastly
pleaded
violation of the provisions contained in paragraph 4.4.3.1 of the
Procurement Manual as embodied in the Government Resolution
dated 1st December 2016.
(B) FACTS ... Respondent No.4 is contrary to the provisions contained in the
Procurement Manual issued by the Government of Maharashtra
as embodied in the Government Resolution
pleaded
violation of the provisions contained in paragraph 4.4.3.1 of the
Procurement Manual as embodied in the Government Resolution
dated 1st December 2016.
(B) FACTS ... Respondent No.4 is contrary to the provisions contained in the
Procurement Manual issued by the Government of Maharashtra
as embodied in the Government Resolution
pleaded
violation of the provisions contained in paragraph 4.4.3.1 of the
Procurement Manual as embodied in the Government Resolution
dated 1st December 2016.
(B) FACTS ... Respondent No.4 is contrary to the provisions contained in the
Procurement Manual issued by the Government of Maharashtra
as embodied in the Government Resolution
pleaded
violation of the provisions contained in paragraph 4.4.3.1 of the
Procurement Manual as embodied in the Government Resolution
dated 1st December 2016.
(B) FACTS ... Respondent No.4 is contrary to the provisions contained in the
Procurement Manual issued by the Government of Maharashtra
as embodied in the Government Resolution
resolved in accordance with the
mechanism as provided in the UNOPS procurement manual, Rev.4,01
September, 2010.
4
By referring to Clause ... said Procurement Manual it was argued
that the said procurement manual contends the elaborate procedure for dispute
resolution and in view thereof, the writ petition
obligated and duty bound to follow U.P. Procurement Manual and Manual for Procurement of Works, 2019 of the Government of India, Ministry of Finance ... provisions of Manual for Procurement of Works, 2019 issued by Ministry of Finance, Department of Expenditure. U.P. Procurement Manual (Procurement of Goods) will
invoking the emergency
powers available under Clause 4.4.3.1(c) of the Procurement
Manual, in larger public interest, to avoid delay, the decision to
declare Respondent ... keeping in view the provisions contained in paragraph
4.4.3.1 of the Procurement Manual which is extracted
hereinbelow:
"4.4.3.1 Granting extension of time for Tender
contract for default and violation
of the respondent No.1 Procurement Manual by the firm; (iii)
Asking the firm to take back the rejected paper ... petitioner to clarify, whether legal advice had
been taken as per Procurement Manual to which the petitioner
sent a letter dated June19, 2018 stating that
action.
It is further contended that Clause-5.6.3 of "Manual for
Procurement of Work 2019, Ministry of Finance
Department of Expenditure" prescribes that ... Article 14 of the Constitution of
India.
20. Coming to the Manual for Procurement of
Works, 2019 issued by Government of India Ministry of
Finance
