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2024 Supreme(Cal) 104

SABYASACHI BHATTACHARYYA
Shree Durga Industry – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioners: Mr. Soumya Majumdar, Adv., Mr. Srijib Chakraborty, Adv., Mr. Pankaj Agarwal, Adv., Ms. Champa Pal, Adv., Ms. Muskan Agarwal, Adv.
For the Respondents: Mr. Dhiraj Trivedi, Ld. DSGI, Ms. Amrita Pandey, Adv.

JUDGMENT :

Sabyasachi Bhattacharyya, J.

1. The writ petitioners are registered suppliers of the Government e-Market Place (GeM) portal. The petitioner no. 1-Firm participated in an e-auction floated through the GeM by respondent no. 3, the Inspector General, Ftr. Hq. BSF Jodhpur. However, primarily alleging that the petitioners participated in the bid along with a sister/associated/allied concern, an incident was raised and subsequently escalated within the contemplation of the General Terms and Conditions (GTC) on GeM 4.0 (Version 1.13) dated November 29, 2023, read with the GeM Incident Management Policy applicable with effect from July 1, 2023. Such action has been challenged in the present writ petition.

2. Learned counsel for the petitioners argues that the genesis of the GeM portal is Rule 149 of the General Financial Rules (GFR), 2017. Rule 151 thereof contemplates two types of debarment from bidding. Clauses (i) and (ii) of the said Rule speak about general debarment on conviction of an offence under the Prevention of Corruption Act, 1988 or the Indian Penal Code or any other law for the time being in force for causing any loss of life or property or causing a threat to pu

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