- (1.) This writ petition is directed against an order dated September 11, 2013 of the Executive Engineer, Resources Division, Public Health Engineering Directorate, Govt. of West Bengal (hereafter the engineer and the department, wherever the context so requires). By the said order, the first petitioner has been suspended from participating in tenders on e-tender platform of the department for three years w.e.f. May 16, 2013.
(2.) The basic facts are undisputed. A tender notice dated February 19, 2013 was issued by the engineer on behalf of the department for supply and delivery of ISI marked centrifugally cast (spun) ductile iron pressure pipes (hereafter DI Pipe). It contained, inter alia, the following clauses : "3. ELIGIBILITY CRITERIA FOR APPLICANTS (D.I. PIPE MANUFACTURERS): (h) A declaration in non-judicial stamp paper of Rs. 10/- should be submitted that the applicant is not barred/delisted/blacklisted by Govt/Undertaking (Govt)/Municipality in DI Pipe Supply tender during last five years. In case of any barring/delisting/black listing a brief notes regarding the same is to be submitted." "5. INSTRUCTIONS TO BIDDERS 9. Penalty for suppression/distortion of facts: - If any tenderer fails to produce the original hard copies of the documents or any other documents on demand of the Tender Evaluation Committee within a specified time frame or if any deviation is detected in the hard copies from the uploaded soft copies or if there is any suppression, the tenderer will be suspended from participating in the tenders on e-Tender platform for a period of 3 (three) years. In addition, his user ID will be deactivated and Earnest Money Deposit will stand forfeited, besides, the P.H.E. Directorate may take appropriate legal action against such defaulting tenderer."
(3.) The intending bidders were, therefore, required to be careful as well as candid in their response, or else consequences as stipulated were likely to follow.;