CHAITANYA PROJECTS CONSULTANCY PVT. LTD. Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the pleadings on record. Learned counsel for the State respondents prays for 2(two) weeks' time to file counter affidavit. However, learned Sr. counsel, Mr. S.P. Mahanta, assisted by Mr. R.R. Raj, learned counsel, appearing for the petitioner prays for interim protection during the pendency of this writ petition.

(2.) MR . S.P. Mahanta, learned Sr. counsel, submitted that without providing adequate opportunity, by way of show cause, the petitioner company has been blacklisted and stopped from participating in tenders to be floated by the State Govt. Besides, the State Govt. has also recommended to the Union of India, Ministry of Road Transport & Highways, to pass similar order for blacklisting the petitioner in respect of its tenders all over the country. As per averments made in the writ petition, letters dated 24th July, 2013 (Reference No. PW/CE/NH/5/2006/117), 23rd August, 2013 (Reference No. PW/CE/NH/5/2006/117A), and 2nd December, 2013 (Reference No. PW/CE/NH/5/2006/118) reveal that the letter dated 23.08.2013 was surreptitiously sent to the petitioner in the 3rd week of August, 2014 after a year to hide the mistake and misconduct on the part of department without considering the reply to the show cause notice and also without application of mind. Besides, office memo (Annexure -16) regarding blacklisting of the petitioner company is of date 03.12.2013 whereas it has been shown to have been communicated on 23.08.2013, four months prior to the said date, namely, 03.12.2013. Thus, the letter dated 23.08.2013 for blacklisting is arbitrary and unreasonable. It appears that the petitioner company is a reputed Consultancy Firm and after passing of the impugned order of blacklisting, it has suffered irreparable loss and damage to its reputation.

(3.) LEARNED Sr. counsel for the petitioner Mr. S.P. Mahanta, submitted that apart from consultancy services being offered and rendered on payment, the company used to provide free consultancy to the State Govt. Learned Sr. counsel, referred to a letter dated 15 -2 -2010 (Annexure -5) to show that on assessment of performance of the company in respect of its consultancy services, it has been rated as "Better" as under: