Ajay Kumar Mittal, J. - (1.) In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioner seeks quashing of the order dated 30.10.2015 (Annexure P-1) passed by respondent No.2 debarring the petitioner from participating in any future tenders of Chandigarh Housing Board and forfeiting the earnest money deposited by it.
(2.) A few facts necessary for adjudication of the instant petition as narrated therein may be noticed. The petitioner is engaged in the business of outdoor advertising. In the year, 2015, the respondents issued a Detailed Notice Inviting Tenders (DNIT) (Annexure P-2) for running and maintenance of five number of public toilets (three in City Sub-Centre, Sector 34, Chandigarh and one each in Sector-38 West and Sector 48, Chandigarh) for a period of five years. The last date and time of submission of tender was 23.3.2015 upto 5.00 PM. Further, the participant was required to submit an affidavit (Annexure P-3) that no criminal proceedings are pending, the documents submitted are genuine and correct and confirmation that eligible similar works have not been executed through another contractor on back to back basis. The petitioner participated in the tender by furnishing its bid along with earnest money of Rs. 2 lacs. Along with the bid, the petitioner had also submitted experience certificate dated 14.9.2010 (Annexure P-4) and affidavit dated 21.3.2015 (Annexure P-5). Besides the petitioner, M/s Selvel Media Services Pvt. Ltd. had also submitted its bid. The said company had furnished a false affidavit that there were no criminal proceedings pending/ongoing in any court of law regarding any construction project executed. On coming to know the said fact on 26.3.2015 during the opening of the technical bids, the petitioner submitted its objections vide communication dated 26.3.2015 (Annexure P- 6). In counter blast to the objections of the petitioner, M/s Selvel Media Services Pvt. Ltd. raised an objection that on opening of technical bid, it had gathered knowledge that the experience certificate submitted by the petitioner for qualifying the tender had been actually executed by M/s Selvel Media Services Pvt. Ltd. on back to back basis. The respondents vide communication dated 17.4.2015 (Annexure P-7) sought explanation of the petitioner. In pursuance thereto, the petitioner filed reply vide letter dated 18.4.2015 (Annexure P-8). Further, the respondents sought confirmation from the Executive Engineer, MCPH, Division No.4, Chandigarh qua the experience certificate submitted who vide communication dated 4.5.2015 (Annexure P-9) clarified that the work regarding the construction of toilet block on BOT basis in Sector 37, Chandigarh was allotted to the petitioner vide letter dated 9.12.2004 for a period of five years excluding the construction period. It was further stated that as per the agreement the agency could not assign or sublet the work without prior approval of the principal employer and as per record no such permission was sought by the petitioner to sublet work to M/s Selvel Media Services Pvt. Ltd. Since the issue of technical bids was not decided by the Chandigarh Housing Board, the petitioner met the Secretary of Chandigarh Housing Board, Chandigarh in July, 2015 who informed that the tender had been scrapped. The petitioner vide communication dated 13.7.2015 (Annexure P-10) asked the respondents for release of the earnest money deposited by it. Instead of refunding the earnest money deposited by the petitioner, respondent No.2 vide order dated 30.10.2015 (Annexure P-1) blacklisted the petitioner permanently from participating in future tender of Chandigarh Housing Board and forfeited its earnest money. Hence, the present writ petition. Upon notice having been issued, the respondents filed written statement controverting the averments made in the writ petition. It was pleaded therein that the petitioner had misrepresented not only to the respondents by furnishing a false affidavit but had also suppressed the material facts from the Municipal Corporation, Chandigarh while executing the work given by the Municipal Corporation, Chandigarh as it sublet to another company and the experience certificate was obtained from the concerned authority by concealing the material facts from that authority.
(3.) Learned counsel for the petitioner submitted that vide order, Annexure P-1, whereby the security amount had been forfeited and the petitioner had been blacklisted was passed without following the principles of natural justice inasmuch as no opportunity of hearing was provided to the petitioner before doing so.;