Back
HARISH TANDON, PRASENJIT BISWAS
Union of India – Appellant
Versus
Anil Bareja – Respondent
JUDGMENT :
HARISH TANDON, J.
1. The Union of India has filed the Intra-court Appeal assailing the judgment dated 18.05.2022 passed by the Single Bench whereby and whereunder the letter of termination and debarring the Respondent no. 1 from participating in future tender in the South-Eastern Railway was quashed and set aside with a consequential direction upon Railway Authorities to intimate the date to the Respondent no. 1 to resume the operation of loading and unloading in terms of the agreement after considering the issues raised by the said respondent on the difficulties faced by him in operation for loading and uploading at both the sites for which such agreement was entered into.
2. The facts discerned from the respective pleadings of the parties exposit that a tender was floated by the South-Eastern Railway in respect of leasing of 23 tonne parcel van (VPH) on a round basis in different trains wherein the Respondent no. 1 was adjudged as the highest bidder. The letter of allotment was issued to the Respondent no. 1 with stipulation that the said respondent has to submit the security deposit to the tune of Rs. 1 crore and odd by way of a Fixed Deposits. The Respondent no. 1 was f
The court established that contractual termination and debarment must comply with the specific terms of the agreement and adhere to principles of natural justice.
The court emphasized the importance of fair play and the right to a fair hearing before imposing penal consequences or termination of a contract.
Blacklisting a contractor without a fair hearing violates principles of natural justice, rendering such actions invalid, while the termination of the contract for non-compliance with security require....
Every case in which a citizen/person knocks at the doors of the writ court for breach of his or its fundamental rights is a matter which contains a “public law element”, as opposed to a case which is....
Termination of contract and debarment of a contractor must be in accordance with the terms of the contract and the principles of natural justice, and the work in question must have a public character....
Blacklisting a bidder from future contracts requires adherence to principles of natural justice, including providing notice and an opportunity to be heard.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
