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Judgment
Adarsh Kumar Goel, J.
1 This petition seeks quashing of order dated 2.12.2009, Annexure P-13, passed by the Punjab Health Systems Corporation, Respondent No. 2, debarring the Petitioner from the tender process for a period of 5 years and forfeiting earnest money.
2 The Petitioner submitted its tender in response to notice inviting tenders dated 6.2.2009 for supply of Drug Kits to the Director, Health and Family Welfare, Punjab. In support of its experience, certain documents were submitted. The Technical Expert Committee expressed doubts on the Drug Licenses, GMP certificates, NCC and MSC and on verification, it was found that the documents were either not issued by the concerned authorities or were forged. Show Cause Notice dated 26.6.2009 was issued to the Petitioner and its reply was considered. Personal hearing was also given.
In the impugned order, following finding has been recorded:
... The Managing Director, PHSC constituted a committee of three senior for taking personal hearing of your company and Principal Manufacturers mentioned above. The committee concluded with the observations that the false/forged documents had been submitted at the level of your company i.e. M/s Vikrant Life Sciences Pvt. Ltd. Delhi for influencing the tender evaluation process and when the fact came to light, the company (M/s Vikrant Life Sciences Pvt. Ltd. Delhi) tried to escape by shifting the responsibility for submission of forged documents of principal manufactures. Primarily, it was the responsibility of bidder firm to submit the correct documents in the tender.
The Managing Director, Punjab Health Systems Corporation, after going through the reply given in response to the show cause notice, record on the firm and recommendations of the committee passed the following orders in this case:
After giving careful consideration and recommendations of the committee I, Raji P. Shrivastava Managing Director, Punjab Health Systems Corporation, hereby debar the firm M/s Vikrant Life Sciences Pvt. Ltd. From participating in tenders to the floated by the Punjab Health Systems Corporation for a period of five years and also order that the Earnest money deposit of the bidder for this tender be forfeited.
As per the above orders of the Managing Director, Punjab Health Systems Corporation, you are hereby debarred from participating in tenders to be floated by the Punjab Health Systems Corporation for a period of five years. The Earnest Money Deposit amounting to Rs. 1,29,000/-for the tender is also forfeited.
We have heard learned Counsel for the Petitioner.
Learned Counsel for the Petitioner submitted that the Petitioner was participating in tenders for the last 19 years and had withdrawn from the tender process after coming to know of the discrepancies in the documents and before opening of the tenders.
It is undisputed that the Petitioner furnished forged documents. The field of supply of drugs requires trust in the drug supplier. Where a person has gone to the extent of furnishing forged documents to secure tender, unless the finding is perverse, no interference is called for with the decision taken by an authority. Mere fact that Petitioner was participating in tenders for the last 19 years or it withdrew the tender after learning that discrepancies have been found in the documents, could not be a ground to interfere with the impugned order.
The petition is dismissed.