Disposed

Mukesh Kumar Singh v. State of Jharkhand

Jharkhand HC9 Feb 2021WPC/333/2021

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition challenging the denial of tender papers by withholding them due to a pending Writ. The Court granted liberty to the petitioner to file a fresh representation and directed the Chairman of the tender committee to conduct an inquiry and decide within two weeks.

What did the court decide?

Liberty granted to petitioner to file fresh representation; direction to respondent no. 2 to conduct inquiry and decide within two weeks.

Mukesh Kumar Singh Vs State of Jharkhand — Public Procurement and Tenders | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 333 of 2021

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Mukesh Kumar Singh ..... … Petitioner

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Versus

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State of Jharkhand

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Deputy Commissioner-cum-Chairman of Jawahar Navodaya Vidyalaya, Bokaro.

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District Superintendent of Education, Bokaro.

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Jawahar Navodaya Vidyalaya, Bokaro through its Principal.

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M/s. Kumar Distributors through its proprietor Mr. Anil Singh.

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M/s. Dinesh Prasad through its Proprietor namely Dinesh Prasad.

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M/s. Sudhir Prasad through its Proprietor namely Sudhir Prasad.

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M/s Pankaj Kumar through its proprietor namely Pankaj Kumar.

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…. …. Respondents

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CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR -----For the Petitioner : Mr. Amritansh Vats, Advocate For the Res. Nos.1-3 : Mr. Mohan Dubey, A.C. to A.G. --------

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02/09.02.2021 The present writ petition is taken up today through Video conferencing.

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The present writ petition has been filed for quashing the entire tender process relating to notice inviting tender (NIT) bearing Reference No.JNVT/2020-21/651 dated 21^st December, 2020 (Annexure-1 to the writ petition) issued under the signature of the respondent no.4 as despite several requests made by the petitioner, he was not provided the tender papers for participating in the said tender process on the ground that the petitioner had challenged the tender process of previous year before this Court by filing W.P.(C) No.4237 of 2019 which is pending for adjudication. Further prayer has been made for issuance of direction upon the Deputy Commissioner-cum-Chairman of Jawahar Navodaya Vidyalaya, Bokarorespondent no.2 to conduct an enquiry against the respondent no.4 and to issue show cause to the said respondent as to why he has not supplied the tender papers to the petitioner.

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Learned counsel for the petitioner submits that on 21^st December, 2020 the respondent no.4 floated the aforesaid NIT which was also published in the daily local Hindi newspapers inviting the interested persons to submit their technical as well as financial bids separately in sealed envelopes. On 28^th December, 2020, the petitioner tried to purchase the tender papers from the respondent no.4 and also prepared two bankers cheque, one for Rs.10,000/- and another for Rs.20,000/-

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- 2 -

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both dated 28^th December, 2020. Though the petitioner visited the office of respondent no.4 on 28^th December, 2020 for the said purpose, but surprisingly the said respondent denied to supply the tender papers to the petitioner by telling him that since he has challenged the earlier notice inviting tender having Reference No.JNVT/2019-20/391 dated 4^th March, 2019 by filing a writ petition being W.P.(C) No.4237 of 2019 before this Court, the tender papers would not be provided till the disposal of the said case or withdrawal of the same by the petitioner. Thereafter, the petitioner preferred representation on 29^th December, 2020 and 10^th January, 2021 before the respondent no.2 who is also the Chairman of the tender committee of Jawahar Navodaya Vidyalaya, Tenughat, Bokaro mentioning the said fact in the same and requesting inter alia to take appropriate action in this regard. However, the same has not been responded by the respondent no.2 as yet.

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Mr. Mohan Dubey, learned A.C. to A.G. appearing on behalf of the respondent nos.1 to 3 submits that since the entire allegation made by the petitioner against the respondent no.4 in the present writ petition is factual in nature, the same is not maintainable. He further submits that if the petitioner prefers a fresh representation before the respondent no.2 on the present issue, an appropriate decision will be taken by the said respondent within a time frame.

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Having heard learned counsel for the parties and keeping in view that the petitioner has already represented on the present issue before the respondent no.2, who is said to be the Chairman of the tender committee of Jawahar Navodaya Vidyalaya, Tenughat Bokaro, the petitioner is given liberty to file a fresh representation on the present issue. On receipt of the said representation, the respondent no.2 after providing due opportunity of hearing to the petitioner as well the respondent no.4 and on making inquiry in the matter shall take appropriate informed decision within a period of two weeks from the date of filing of the said representation.

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The writ petition is disposed of with aforesaid liberty and direction.

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(Rajesh Shankar, J.)

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Rohit

Mukesh Kumar Singh v. State of Jharkhand

Case brief

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Mukesh Kumar Singh v. State of Jharkhand

Case brief

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