H.C.MISHRA,J. - (1.) Heard learned senior counsel for the appellant Company and learned counsel for the respondents BCCL.
(2.) The appellant Company is aggrieved by the impugned Judgement dated 21.1.2019, passed by the Hon'ble Single Judge, in W.P.(C) No. 6502 of 2018, whereby, the writ application, filed by the appellant herein, challenging the show cause notice dated 30.10.2018, issued by the respondent BCCL, has been dismissed by the Hon'ble Single Judge.
(3.) The facts of the case lie in a short compass. An e-tender notice being e-Tender Notice No. H-HEMM-13, was issued by the respondent BCCL, for 'Hiring of HEMM for removal of OB, extraction and transportation of Coal with fire-fighting from XVA, XV, XIV, XIII, XI/XII, XII, XI, XA, IX/X, X, IX, VIIIA, VIII/VII(T), VIII, VII(T) and V/VI Seams of AKJ SIMLA Patch of Amalgamated Fast Bhuggatdih-Simlabahal Colliery of Bastacolla Area', with the Bid Validity Clause-11 of the e-tender notice, stating that "The validity of bids shall be not less than 120 (one hundred twenty) days from the final end and date of submission of bid considering all extensions, if any". In Clause-4.1 of the Instructions to the Bidders, it was stated that "Each Bidder shall submit only one Bid, either individually, or as a partner in a partnership firm or a partner in a Joint Venture / Consortium or a Public Ltd. / Private Ltd. company". In Clause-14.3 of the said Instructions to the Bidders, it was stated that "The EMD of the rejected bidders will be refunded at any stage directly to the account from where it had been received (except the cases where the EMD is to be forfeited)", whereas in Clause-14.9 thereof, it was stated that "In case the tender is cancelled then EMD of all the participating bidders will be refunded unless it is forfeited by the department". In the Integrity Pact, in Clause-3.6 it was stated that "The Bidder will not collude with other parties interested in the contract to impair the transparency, fairness and progress of the bidding process, bid evaluation contracting and implementation of the contract".;