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MOHIT KUMAR SHAH
REC-Power Development and Consultancy Ltd. – Appellant
Versus
North Bihar Power Distribution Co. Ltd. Patna – Respondent
MOHIT KUMAR SHAH, J.:–The present writ petition has been filed for quashing the order of disqualification of the petitioner dated 02.9.2021, issued by the Chief Engineer (Project-I/ Rural), North Bihar Power Distribution Co. Ltd., Patna, i.e the Respondent no. 2, vide an email, on the ground that the petitioner company has been blacklisted by Namami Gange and Grameen Jalapurti Vibhag, Uttar Pradesh vide letter dated 11.12.2020 and the interim order of the Court against a blacklisting order does not create eligibility for the firm as also in absence of final adjudication upon the blacklisting of the firm, the bid cannot be considered. Thus, the bid of the petitioner company has been found to be non-responsive as per Clause 1.1.3 (e) of Section 1 of the Request For Proposal document (hereinafter to be referred to as the “RFP”). The petitioner has further prayed for directing the respondents to consider the bid submitted by the petitioner vide RFP NIT No. 01/ PR/ NBPDCL/ 2021 for appointment as Project Management Agency.
2. The brief facts of the case, according to the petitioner, are that the petitioner company, i.e REC-Power Development & Consultancy Limited (hereinafter referred to
The requirement for a fair hearing and a specific show cause notice before imposing the severe civil consequence of blacklisting, and the need for the authority to determine the period of punishment ....
The impugned actions of issuing the show cause notice and blacklisting the petitioner were arbitrary, unconstitutional, and violated principles of natural justice. The court emphasized the requiremen....
Judicial non-interference in tenders upheld absent mala fides or arbitrariness; non-disclosure of challenged blacklisting justifies disqualification if no timely rollback proof provided.
The main legal point established in the judgment is the requirement for a fair hearing, specific show cause notices, and proportionate punishment before imposing blacklisting in government contracts.
The requirement of giving reasons, adherence to principles of natural justice, and fairness in administrative actions, especially in cases of blacklisting or imposing penalties, is essential for a va....
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