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2019 Supreme(Del) 728

VIBHU BAKHRU
CE INFO SYSTEMS PVT LTD – Appellant
Versus
GAS AUTHORITY OF INDIA LTD – Respondent


Advocates Appeared:
Purnima Maheshwari, Adv., D.K. Singh, Adv., Shaurya Sahay, Adv., Chetan Joshi, Adv.

JUDGMENT :

Vibhu Bakhru, J.

The petitioners have filed the present petition, inter alia, impugning an order dated 01.04.2016 passed by the respondent (hereafter "GAIL"), debarring the petitioner from participating in bidding process relating to any tender floated by GAIL, for a period of three years to be reckoned from the date of the said letter. The effect of the said letter is that the petitioner has been blacklisted till 01.04.2019.

2. The aforesaid punitive measure was imposed on the petitioner on the basis of an allegation that the petitioner had submitted a forged certificate dated 10.05.2013, indicating that it had completed certain works for Indian Oil Corporation Limited (hereafter "IOCL"), for a total value of Rs.39,82,850/-. There is no dispute that the said certificate was forged, however, the petitioner contends that the same did not warrant any punitive measure, as it was furnished by its employee, who was not authorised to do so and it did not affect the petitioner's eligibility for participating in the tender in question. It is also contended that the show cause notice was issued much after the validity of the petitioner's bid had expired and, thus, was of no relevanc





































































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