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SHAMPA SARKAR
Araha Hospitality Private Limited – Appellant
Versus
Indian Railway Catering and Tourism Corporation Limited – Respondent
JUDGMENT :
SHAMPA SARKAR, J.
1. This writ petition arises out of award of license for Commissioning and Operation of Base Kitchens at several locations, and onboard catering services in all trains of cluster no. SER/CLT-A-2, for a period of 5 years with a condition of the same being extendable up to 2 more years.
2. The tendering process started with an open E-tender bearing reference no. 2024/IRCTC/P&T/CLUSTER/FEB/SER/CLT-A-2. The tender was floated nationwide. The same was opened on March 3, 2024. Respondent no.2 was the successful bidder and was granted Letter of Award (LOA) on April 4, 2024. The tendering authority is the Indian Railway Catering and Tourism Corporation Limited (hereinafter referred to as ‘IRCTC’).
3. The petitioner approached the Group General Manager, IRCTC, on June 26, 2024, intimating the authority that the respondent no.2 was involved in the RAIL NEER Scam and the CBI had registered a case under Section 120B read with Section 420 of the Indian Penal Code as also under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act on October 14, 2015. The CBI had also filed a charge-sheet in the said matter and the competent court had taken cogniza
The court established that disclosure of past corruption cases is limited to three years prior to the tender process, affirming the integrity of the tendering authority's decision.
The court upheld the validity of the tendering authority's interpretation of the Integrity Pact, emphasizing that judicial review should not interfere in commercial transactions unless clear arbitrar....
The disqualification of a bidder for violating the Integrity Pact is valid even if the transgression occurred more than three years prior to the tender, and the mere pendency of a criminal case canno....
The court upheld the banning order based on the violation of the Integrity Pact and directed the refund of forfeited Security Deposit/Earnest Money Deposits, emphasizing the importance of adhering to....
Banning orders require proof beyond reasonable doubt of misconduct; otherwise, natural justice demands adherence to procedural fairness, especially in cases invoking penalties like forfeiture.
The time limit prescribed in Section 5 of the Tender Conditions, which required the bidder to declare any previous transgression occurred in the last 3 years with any other company in the country or ....
An administrative authority may initiate debarment proceedings based on a formal chargesheet under the Prevention of Corruption Act, as such actions are preventative, not punitive, and do not require....
Point of Law : It is a settled and well established principle of law that in contractual matters, unless there exists public element, patent perversity or mala fides, invocation of jurisdiction of th....
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