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SABYASACHI BHATTACHARYYA
Auroma Coke Limited – Appellant
Versus
Coal India Limited – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J:-
1. The present writ petition pertains to a challenge against the refusal of the Coal India Limited (CIL), the respondent no.1 herein, to allow the petitioner no.1-Company to participate in any of its tenders. The refusal is on the premise of a blacklisting/suspension of the petitioner in the year 2011. Such blacklisting was done upon a communication from the Central Bureau of Investigation (CBI) which has been investigating a matter, where the petitioner no.1-Company is also involved. A charge-sheet with regard to the investigation was filed in the year 2012.
2. Learned senior counsel for the petitioners submits that in view of the promulgation of a new Scheme in November 2022, the maximum period of such blacklisting has already expired and the petitioner ought to be granted an opportunity to participate in the tenders floated by the CIL. Such contention is controverted by the respondent-Authorities.
3. It is admitted by both parties that the petitioners previously moved a writ petition challenging a tender on the ground that the eligibility conditions prescribed by the Authorities were arbitrary. The said conditions, inter alia, disqualified a
The maximum period of banning/suspension for participation in tenders under the Coal Linkage Auction Scheme 2022 is 5 years, and in cases where the reason for suspension is not completely mitigated d....
Mandatory consideration of both gravity of the offense and actual loss suffered is required for imposing maximum penalties in administrative debarment.
Debarment or blacklisting must be proportionate to the default committed by the bidder. Proper reasons must be provided for blacklisting, and the principles of natural justice must be followed. Black....
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