- (1.) Heard learned counsel for the parties.
(2.) Petitioner is one of the partners of the joint venture firm Gopalka -Dev Joint Venture, Dhanbad, which participated in the tender for construction of up -gradation of colonies of Kusunda Area under Bharat Coking Coal Limited, Dhanbad (B.C.C.L) under N.I.T dated 23.4.2013. On account of submission of false certificate of experience by the other partner, Shashi Kant Gopalka, first party of the joint venture relating to execution of certain work under the Executive Engineer, Building Division, Banka used for the purposes of participating in the tender and award of the work under the advertisement floated by the respondent - B.C.C.L, a show cause was issued on 27.7.2013 to the joint venture firm (Annexure -2) in the following terms. : - "In this respect, it is stated that you have submitted an affidavit in your bid document conveying the following: - 1. All information furnished by us in respect of fulfillment of eligibility criteria and qualification information of this Tender is complete, correct and true. 2. All documents/ credentials submitted along with this Tender are genuine, authentic, true and valid. 3. If any information and document submitted is found to be false/incorrect any time, department may cancel my Tender and action as deemed fit may be taken against us, including termination of the contract, forfeiture of all dues including Earnest Money and banning/ delisting of our firm and all partners of the firm etc". As such, you are hereby requested to clarify as to why action should not taken against you as per the provisions made in the above referred affidavit ( forfeiture of all dues including Earnest Money and Banning / Delisting of your firm) submitted by you in your bid document for providing incorrect information/ false certificate with your bid document".
(3.) The reply to the show cause by the joint venture firm received on 21.8.2013 was found to be unsatisfactory and by order at Annexure -3 dated 27.11.2013, the original order of debarment was passed against the joint venture firm by the General Manager (Civil), B.C.C.L, Dhanbad. Petitioner and the other partner, Shashi Kant Gopalka were also debarred from participating in any tender of B.C.C.L for a period of 3 years. Petitioner alone challenged the order of debarment in W.P.C. No. 7455 of 2013. Taking into account the fact that petitioner had also preferred an appeal before the Chairman cum Chief Managing Director(C.M.D.), B.C.C.L, which was still pending against the impugned order dated 27.11.2013 of debarment, learned Single Judge by order dated 3.2.2014 passed the following order: - "Having heard learned counsel for the parties and considered the submission of learned counsel for the petitioner that the appeal against the impugned order is pending before the Chairman -cum - Managing Director, Bharat Coking Coal Limited, this writ petition as well as I.A. No. 636 of 2014 are disposed of, giving liberty to the petitioner to pursue its appeal before the Chairman - cum -Managing Director. If any appeal is filed or is still pending, the said authority shall consider the same and pass a reasoned order within three weeks from the date of receipt/ production of a copy of this order". ;