- (1.) Challenging its disqualification in the technical bid and for a direction to the respondents to open the price bid of the petitioner-company and restraining the respondents from finalizing the tender, the present writ petition has been filed. The brief facts of the case are that, the petitioner-company is a manufacturer and supplier of Iodised salt for which, it has received license from the Food Safety and Standard Authority of India. The petitioner-company has IS No. 7224:2006 certificate for Iodised salt by the Bureau of Indian Standard. It has supplied refined flow Iodised salt in the State of Andhra Pradesh, Madhya Pradesh, Chhatisgarh, Punjab, Kathmandu and other States. In response to e-Tender procurement notice for supply of free flow refined Iodised salt for 24 districts in the State of Jharkhand, the petitioner submitted its bid however, on 29.5.2014 when the technical bid was opened, the petitioner-firm has been disqualified. On enquiry, it was revealed that in view of the fact that a vigilance enquiry was ordered, the petitioner-firm was disqualified however, as a matter of fact, the enquiry against the petitioner-firm was already dropped.
(2.) A counter-affidavit has been filed on behalf of respondent Nos. 2, 3 and 5 stating that the petitioner did not fulfill the requisite qualification under Clauses 5.5.9(a), 5.5.6, 5.11.4(a) and 5.11.10 and therefore, it was declared technically disqualified. It is further stated that one M/s. Shree Ram Chemfood Pvt. Ltd. has been issued the work order dated 20.6.2014. It is further stated that for the irregularities committed by the petitioner-firm in supplying salt for the financial year, 2008-09, the matter was referred to the Vigilance Bureau, Ranchi, which is still enquiring into the matter.
(3.) Heard learned counsel appearing for the parties and perused the documents on record.;