CHAITANYA PROJECTS, CONSULTANCY PVT. LTD. Vs. THE STATE OF MEGHALAYA AND ORS.

JUDGEMENT

(1.) By this writ petition, the petitioner -company is challenging the impugned letter/order dated 23.08.2013 for black listing the petitioner -company and also for debarring the petitioner -company from future participation in any tender for a period of five years and also the impugned memorandum dated 03.12.2013 for debarring the petitioner -company from future participation in any tender under the PWD for a period of five years w.e.f. 23.08.2013 (from the date of issuing the impugned black listing dated 23.08.2013).

(2.) Heard Mr. SP Mahanta, learned senior counsel assisted by Mr. R.R. Raj, learned counsel for the petitioner -company, Mr. K Khan, learned Addl. Sr. GA appearing for the respondents No. 1 -3 and Mr. R Deb Nath, learned CGC appearing for the respondents No. 4 & 5.

(3.) The concise facts of the case leading to the filing of the present writ petition as well as the case of the respondents in their affidavit -in -opposition are briefly noted. The petitioner -company is incorporated under the provisions of the Company Act, 1956 and is a premier Consultancy Engineering Company in India precisely for providing Civil Engineering Consultancy to the Govt. and specialized construction services to Semi Govt. and Private Organizations. It is also stated in the writ petition that the petitioner -company is a leading International Consultancy Organization specialized in Highways and Bridges, Structures, Urban and Regional Infrastructure Development, Water Supply, Water Resources Development and Management, Traffic and Transportation, Institutional Strengthening and Capacity Building and Socio -Economic and Environmental Impact Assessment. The petitioner -company was allotted the work for consultancy service for detailed project preparation for upgradation to 2 -Lane of State Road stretches from Nongstoin -Rongjeng -Tura to provide link to Tura within the State (Tentative Length = 201.00 km) at the contract price/fee of Rs. 1,16,58,000.00 (Rupees one crore sixteen lakhs fifty eight thousand only) vide letter of acceptance being No. PW/CE/NH/5/2006/40 dated 20.04.2009. The said work was to be completed by 02.12.2009. The petitioner -company submitted Draft Final Project Report to the respondent No. 3 (Chief Engineer) vide letter dated 29.09.2009. The Draft Final Project Report was sent to the site Executive Engineer for verification and the Chief Engineer forwarded the Draft Final Report to the Ministry intimating that the minor observations made by the Executive Engineer would be incorporated by the Consultant in the Final Report as contained in his letter dated 01.12.2009.