Decided on February 27,2021

Engineering Services Private Limited Appellant


MOHAMMAD RAFIQ,C.J. - (1.) This petition has been filed by the petitioner - Theme Engineering Services Private Limited with the following prayers:- "a) That this Hon'ble Court may kindly be pleased to quash the impugned order dated 29.01.2021 (Annexure P/15) passed by the Respondent in the interest of justice. b) This this Hon'ble Court may also be pleased to declare that the impugned order dated 29.01.2021 (Annexure P/15) passed by the respondent is arbitrary, violative of the principles of natural justice and thus illegal, unconstitutional, unjust, unfair and improper. c) That this Hon'ble Court may also grant any other relief that this Hon'ble Court deems fit and just in the facts and circumstances of the case."
(2.) The petitioner is aggrieved by order dated 29.01.2021 Annexure P/15 by which it has been debarred from bidding process to be undertaken for the National Highway projects in future for a period of one year and has been required to deposit the entire salary and perks drawn by Mr. Rajendra Kumar Neekhra, Team Leader. The aforesaid order is purported to be have been passed under the provisions of Clause 1.13 (Instructions to Bidder, Section-2), Clause 4.5(d) of the General Conditions of Contract (GCC) of the Consultancy Agreement, Clause 3.4(b) of the letter to invitation to the consultant section-2 of the Request for Proposal (in short "the RFP") and Clause 3.4(g) of the letter to invitation to the consultant section-2 of the RFP.
(3.) The petitioner is engaged in Civil Engineering Multi Disciplinary Consultancy Service. The Chief Engineer (Roads), Public Works Department (PWD), Government of Madhya Pradesh issued RFP inviting proposals for "Consultancy Services for Authority's Engineer for Supervision of Works Under Package-IV for Rehabilitation and Up-gradation Mihona to Daboh Section of NH-552 Ext. from Km. 2+700 to Km.10+955 & Km. 17+335 to Km 36+540 (Design Length 27.360+6.335 Km Conventional White topping) to Two lane with paved shoulder; & Rehabilitation and Up-gradation Daboh to U.P. Border section of NH-552 Ext. from Km 40+230 to Km. 70+525 & Km 76+900 to Km 89+860 (Design Length 43.255 Km+4.370 Km Conventional White topping) to Two lane with paved shoulder; on Engineering, Procurement and Construction (EPC) Basis". Since the petitioner possessed the requisite experience and capabilities required for undertaking the Consultancy, therefore, by way of an application, it submitted requisite details in terms of said RFP and was found successful bidder vide letter dated 23.07.2018. The petitioner was invited for Contract Negotiations to be held on 01.08.2018 in accordance with Clause 6 of RFP. The petitioner duly attended the contract negotiation through their authorized representative for finalizing the methodology, work plan, staffing to optimize the required outputs, inputs required from employer and availability of key personnel. After negotiations, the petitioner was finally selected on 01.08.2018 as Consultant and letter of acceptance dated 03.08.2018 was issued in its favour in terms of RFP. According to the agreement dated 06.09.2018 executed between the petitioner and respondent No.2 and in terms of the Clause 3.4.iii.a of the RFP, the petitioner was also required to submit Curriculum Vitae (CV) of all Key Personnel in the prescribed format at the time of submitting the technical proposal. The respondent issued a work order in favour of the petitioner and requested it to proceed with the execution of the said consultancy services in accordance with the agreement. The petitioner started the work within time and the work of survey etc. was going on with full swing, however, due to utter shock and dismay, the Team Leader Mr. Ashok Patnaik, who was a Key Personnel of the said project fell sick resulting in inability to continue in providing his services on health ground and was advised for bed rest by the doctor and therefore, in terms of the contract, petitioner submitted a letter dated 06.12.2018 for his replacement by one Rajendra Kumar Neekhra and submitted his CV for consideration of the respondents.;

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