M/s Satvat Infosol Private Limited & Anr vs Jharkhand Staff Selection Commission & Others

Heard Mr. Pandey Neeraj Rai, learned counsel for the petitioners and Mr. Sanjoy Piprawall, learned counsel for the respondents-JSSC.

The writ petitioners filed the instant writ petition challenging the debarment order dated 25.04.2024 bearing letter no. 06/Exam-01-28/2023 (Part-1)-1644 (Annexure 23) issued under the signature of Secretary, Jharkhand Staff Section Commission, Ranchi.

Learned counsel for the petitioners vehemently urged before this Court that there is no such condition of imposition of black-listing for a period of three years either in the contract or in the ‘Notice Inviting Tender’ under which he has been allowed to work. It has been contended that since there is non-compliance of the principles of natural justice, therefore, he has approached this Court.

Learned counsel for the respondents-JSSC brings to the notice of this Court the Clause 2.A (g) of the Notice Inviting Tender and has stated that the under the contract, there is specific condition stipulated that the EMD shall stand forfeited in addition to blacklisting of the empanelled agency for a period of three years. Therefore, in such circumstances, the action which has been taken against the petitioner for blacklisting for three years, no illegality has been committed while passing such order.

Having heard learned counsel for the parties and after going after across the record, it appears that the petitioner has suppressed the fact before this Court and has not come to the Court with clean hands and more so when this Court poses a question, emphatically learned counsel for the appellant says that no such clause is available under the contract thereby, action taken for black-listing of the petitioner for a period of three years cannot sustain but in view of the contract (NIT) as has been pointed by the learned counsel for the respondents it clearly specifies a condition that the EMD shall stand forfeited in addition to blacklisting of the empanelled agency for a period of three years.

If such a condition is made available and the same is invoked for blacklisting the petitioner, we do not find any error in the order passed by the respondents-authority.

Accordingly, the instant writ petition lacks merit and is dismissed.

Pending Interlocutory Application, if any, stands disposed of.