28. This being the case, State of A.P. v. B. Chinnam Naidu is
clearly distinguishable, as in the facts of that case, the expression
"convicted" could not have possibly included the factum of arrest
which was pre-conviction. On the facts of the present case, we have
seen as to how UPSBC has indulged in a fraudulent practice and has
suppressed the fact that it was indicted for offences relatable to the
construction of a bridge by it, which had collapsed.
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Petitioner was required to submit along with the bid. The Petitioner bona
fide understood that the disclosure requirement applied to only 'criminal'
investigation. Mr. Nayar asserts that, the entire basis of cancelling the
Petitioner's bid is illogical, unsustainable and liable to be set aside.
6.6. To support the aforenoted contentions, Mr. Nayar also places reliance
on the decision in Caretel Infotech Limited v. Hindustan Petroleum
Corporation Limited and Others.4
RESPONDENT NO. 1'S CONTENTIONS:
12. The explanation provided through a note, suggests that the disclosure
of the Applicant, has to be in relation to an investigation being carried out by
the 'investigating agency'. While this Court is not emphasizing the
distinction between an 'investigation' and an 'inquiry', the use of the term
"Investigating Agency" in the explanatory note naturally leads to inference
that the inquiry referred to pertains to a "criminal investigation". On this
issue, the judgment dated 8th December, 2020, in the State of Madhya
Pradesh & Anr. v. U.P. State Bridge Corporation Ltd. & Anr.5 relied upon
by Mr. Sharma, also gives certain guidance. In the said case, the Bidder was
supposed to disclose certain details as an undertaking to the following effect:
Equally, paras
12 to 18 of the judgment in Vinubhai Haribhai Malaviya v. State of
Gujarat17, which distinguish between investigation, inquiry and trial
in a criminal case, are also of no avail to UPSBC in view of the
finding hereinabove.