W.P. (C) No.4283 of 2024 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 4283 of 2024 M/S. S. G. PRINT-N-PACK INDUSTRIES PRIVATE LIMITED, A company incorporated under the Companies Act, 1956, having its Registered Office & Unit at C-13 & 19, 4th Phase, Industrial Area, Gamharia, Saraikella, Kharsawan, P.O. & P.S. Gamharia, District Saraikella- Kharsawan (Jharkhand) through one of its Director Sri Krishan Murari Agarwal, aged about 55 years, S/o Sitaram Agarwal, Resident of H.No.44A, Purani Basti Road, P.O. Jugsalai, P.S. Jugsalai, Town- Jamshedpur, District- East Singhbhum, Jharkhand - 831006. … PETITIONER Versus 1. THE STATE OF JHARKHAND 2. THE PRINCIPAL SECRETARY, Department of Health, Medical Education and Family Welfare, Ground Floor, Nepal House, P.O. & P.S. - Doranda, District- Ranchi (Jharkhand). 3. MISSION DIRECTOR, National Health Mission, Jharkhand, GVI Campus, Tata Road, P.O. & P.S.- Namkum, District- Ranchi 834010 (Jharkhand). 4. THE IN-CHARGE (PROCUREMENT CELL), Jharkhand Rural Health Mission Committee, GVI Campus, Tata Road, P.O. & P.S.- Namkum, Disrict- Ranchi 834010 (Jharkhand). … RESPONDENTS --------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner: Mr. Nitin Kumar Pasari, Advocate For the Respondents: Mr. Piyush Chitresh, A.C. to A.G. --------- Reserved on: 29.01.2025 Pronounced on: 20/02/2025 Per M.S. Ramachandra Rao, C.J. 1. Petitioner is a Company incorporated under the Companies Act, 2013 on 19.02.2020. 2. An e-Tender was floated on 22.09.2021 by the Department of Health, Medical Education and Family Welfare, Government of Jharkhand for procurement of brochures, leaflets, books, souvenirs, for printing and supply. It was a rated contract for two years. Annexure-1 is the e-Tender. Page 2 of 4 W.P. (C) No.4283 of 2024 3. Petitioner participated in the e-Tender and was declared a successful bidder vide Annexure-2 dt. 09.12.2021 and was invited to furnish copies of Memorandum of Understanding in two sets duly printed on a non-judicial stamp paper and furnish it with the Procurement Cell. 4. Thereafter, though the Purchase Orders were issued on 10.10.2022 and 28.10.2022 to the petitioner, it did not supply till December 2022 after the supply dates had expired. 5. Therefore, petitioner was issued show-cause notice on 02.12.2022 to show cause why the supplies were not made and warned that process of blacklisting would be initiated if the explanation is not submitted within two days. 6. Petitioner sent a reply thereto through email contending that the Purchase Orders issued by the respondents were not as per NIT; that quoted rate is excluding GST, but the respondents had issued Purchase Orders including GST and unless this is rectified, it will not start work. 7. On 13.12.2023, again the Administrative Officer Cum Incharge Officer, Procurement Cell, National Health Mission, issued another notice demanding explanation for non-supply of materials pursuant to Purchase Orders dt. 10.10.2022 and 28.10.2022 contending that no reply was received to the previous letter dt. 02.12.2022 and threatening to blacklist the petitioner if reply is not given in two days. 8. On 14.12.2023 petitioner replied to the same stating that they had supplied all the items and also received payment for the same as regards the Purchase Order dt. 28.12.2022. As regards Purchase Order dt. 10.10.2022, petitioner stated that there were errors in it, and that the petitioner had informed three times in writing to the respondents that the purchase order items and specifications were outside the contract items and the petitioner had requested the respondents to correct the purchase order and oblige, but there has been no response from the respondents’ side. Page 3 of 4 W.P. (C) No.4283 of 2024 Copies to the letters dt. 17.01.2023, 14.03.2023 and 31.05.2023 were enclosed. 9. Another purchase order was issued to the petitioner on 24.11.2023 by the respondents for supply of books and medical records checklists, etc. and when same was also not supplied within time specified, a notice was issued to the petitioner on 16.04.2024. 10. Petitioner again sent an email (Annexure-8) in reply to the same contending that there were 09 items against which, it had supplied Sl. No.1 part and Sl. No.6 fully. For rest of items, sample copy has been approved by the respondents’ office on 24.01.2024. Only Sl. No.8 has not been approved, as proof has been submitted, and for a 2nd Purchase Order No.5045, there were 08 items, against which 07 items have been approved on 24.01.2024 and Sl. No.7 has not been approved as there are some corrections in it. For rest of items, printing has been completed and binding process is going on, and that they would supply the same within 15 days. 11. In the meantime, another e-Tender dt. 12.06.2024 had been published by the respondents and the petitioner participated in the pre-bid meeting held on 18.06.2024, but before it could furnish its bid, on 19.07.2024, the respondents passed the impugned order dt. 19.07.2024 (Annexure-11) blacklisting the petitioner for 03 years from participating in any of the tender of the National Health Mission. 12. According to the petitioner, the entire action of its blacklisting was only in order to oust the petitioner in participating in the bid, and that the order dt. 19.07.2024 is mala fide, arbitrary and illegal. 13. Respondents filed counter affidavit refuting the said contentions. The respondents contended that in the impugned order there is a reference to the delays in making supplies in violation of the timelines fixed against the work orders; replies given to the show-causes notice by the petitioner were placed before the Tender Committee of the respondents; that they W.P. (C) No.4283 of 2024 examined the replies and having noted Clause 12 of the Agreement which mandated that the agency had to complete the work in any circumstances after the work order is issued, rejected the replies submitted by the petitioner and decided to blacklist the petitioner for three years. 14. Counsel for Petitioner assails the same contending that the same is arbitrary and illegal. 15. It is not in dispute that the Purchase Orders were issued to the petitioner on 10.10.2022 and 28.10.2022 specifying timelines for such supplies of 45 days and 30 days respectively, but the timelines were not adhered to by the petitioner. The petitioner, instead, was complaining about certain discrepancies in the Purchase Orders with the tender. Similar delay occurred in supply pursuant to the purchase order dt. 24.11.2023. 16. If the petitioner was not supplying the materials pursuant to purchase orders within the timelines, and the respondents had issued show- cause notice for blacklisting, and considered the explanation offered by the petitioner and then decided to blacklist the petitioner for 03 years on 19.07.2024, the action of the respondents, in our consideration opinion, cannot be found fault with. There has been no violation of principles of natural justice and if at any point of time the petitioner felt that the respondents were at fault, nothing prevented the petitioner from terminating the agreement. 17. We, therefore, do not find any merit in the writ petition. It is, accordingly, dismissed, with a cost of Rs.25,000/- (Rupees Twenty five thousand) to be paid by the petitioner to the Jharkhand High Court Services Committee, within four weeks. (M.S. Ramachandra Rao, C.J.) (Deepak Roshan, J.) N.A.F.R. Manoj/-