9911796707
TMI Blog2024 (11) TMI 194X X X X Extracts X X X X X X X X Extracts X X X X ..... sal to be empanelled as an agency in the Information and Public Relations Department, Government of Odisha, Bhubaneswar for production of audio-visual contents. Pursuant to the proposal received, the Information and Public Relations Department prepared a list of empanelled Houses/Agencies on 25th January, 2024 (Annexure-9), in which the name of the Petitioner does not find place. 4. It is submitted by Mr. Panda, learned counsel that the Petitioner is a MSME Unit having its Registration No. OD07E0001354. Thus, it is entitled to the benefits of exemption/relaxation in terms of the letter dated 27th December, 2023 (Annexure-8) issued by the MSME Department, which should have been taken into consideration. In the said letter, MSME Units are gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court of Orissa is doubtful, as the letter number has not been given therein. It was not also issued in the letter head of learned Central Project Coordinator (CPC), High Court of Orissa, who allegedly issued such experience certificate. The Scrutiny Committee convened its meeting on 27th December, 2023 on which date, the letter under Annexure-8 by the MSME Department, Government of Odisha was issued. Thus, it could not have been taken into consideration. Further, live streaming is not equivalent to production of audio visual contents. Taking into consideration the above, the Petitioner was not empanelled under Annexure-9. 7. It is his submission that detail proceedings of rejection of RFP of the Petitioner has been annexed as Annexure-A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as issued on the date of sitting of the Scrutiny Committee is not sustainable. From the counter affidavit, it appears that the Scrutiny Committee was convened on 27th December, 2023 and subsequently on 28th December, 2023. Admittedly, notification of MSME Department (Annexure-8) was issued on 27th December, 2023. Thus, it could have been considered by the Scrutiny Committee on 28th December, 2023. Further the Petitioner claims that in view of Section 44AD of the Act, it is not required to submit the audit report of the Chattered Accountant. These aspects need fresh consideration by the Scrutiny Committee. Further the Scrutiny Committee failed to take into consideration the instruction and policy decision of the Government under Annexures-10 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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