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IN THE HIGH COURT OF DELHI AT NEW DELHI
D.N. PATEL, JASMEET SINGH, JJ.
National Highways Authority of India – Appellant
Versus
Theme Engineering Services Pvt. Ltd. and Others – Respondents
LPA No. 56 of 2021
Decided On : 26-03-2021
Appendix ‘L’ - Clause 3.7(ix)(b) - Section 2 - Review of Individual Case - Order of Debarment - Incorrect Information in CVs - Due Consideration of Representations - Appeal filed by appellant (Original respondent in the writ petition being aggrieved by order - Appellant has contended that learned Single Judge has gone purely on the premise that order of debarment has been passed under Clause 3.7 (ix)(b) section 2 of Appendix ‘L’ as information given by two key personnel in their CVs were found to be fake - Learned senior counsel for appellant has stated that a bare perusal of Annexure-VI would show that incorrect information in CVs was not only ground but there were other grounds which were set out in Annexure-VI - Learned senior counsel argued for appellant that Review Committee after due consideration of representations as well as the charges set out in Annexure-VI was pleased to pass an order of debarment for a period of 6 months.
Finding of the Court:
Learned Single Judge has passed the impugned order on premise that only reason for passing order of debarment was giving of false CVs of two personnels - We are unable to agree that order of debarment - Having considered explanations and other relevant material submitted by Supervision Consultant, more particularly, set out in Annexure- VI, Review Committee after due consideration of representations of Consultant and facts, is of the view that the same are not tenable for reasons recorded therein - Review Committee rejects all contentions raised by Supervision Consultant - As regards debarment period of 2 years, Review Committee is of view that it would be just and fair to reduce to 6 months and to give opportunity to consultant to improve quality of its services - In this view of matter, Court set aside order of learned Single Judge passed in W.P. - We further request learned Single Judge to decide the writ petition expeditiously after completion of pleadings.
Result: Appeal allowed.
JUDGMENT :
JASMEET SINGH, J.
LPA No. 56/2021 and CM APPL. No. 12166/2021 (STAY)
1. The present Letters Patent Appeal has been filed by the appellant (Original respondent in the writ petition W.P. (C) No. 1173/2021) being aggrieved by the order dated 01.02.2021 passed in W.P. (C) No. 1173/2021 titled as Theme Engineering Services Pvt. Ltd. and Another vs. National Highways Authority of India and Others.
2. By virtue of the impugned order, the learned Single Judge was pleased to stay prospectively the order of debarment dated 12.01.2021.
3. The learned Senior Counsel appearing for the appellant has contended that the learned Single Judge has gone purely on the premise that the order of debarment has been passed under Clause 3.7 (ix)(b) section 2 of Appendix ‘L’ as the information given by two key personnel in their CVs were found to be fake.
4. The learned senior counsel for the appellant has stated that a bare perusal of Annexure-VI would show that the incorrect information in CVs was not the only ground but there were other grounds which were set out in Annexure-VI. The learned senior counsel argued for the appellant that the Review Committee after due consideration of the representations as well as the charges set out in Annexure-VI was pleased to pass an order of debarment for a period of 6 months.
5. The learned senior counsel appearing for the appellant has relied upon on NHAI vs. Neeraj Upadhyay, Civil Appeal No. 2732 of 2014 decided on 21.02.2014.
6. The learned senior counsel appearing for the respondent on the other hand has submitted that the order of debarment dated 12.01.2021 is a penal order and none of the grounds mentioned in Annexure-VI have been made out. The learned senior counsel has drawn our attention at Clause 3.7 (ix)(b) which reads as under:-
(ix) Requirement for submission of CVs.
(b) Key information should include years with the firm and degree of responsibility held in various assignments. In CV format, at summary, the individual shall declare his qualification and total experience (in years) against the requirements specified in TOR for the position (Ref. Annexure-I, II and III of TOR). If any information is found incorrect, at any stage, action Including termination and debarment from future projects upto 2 years may be taken by Employer on the personnel and the Firm.
To contend that if there is any violation, action, may be taken against the personnel.
7. The learned senior counsel for the respondent has further taken us through 4.5(c) to contend that only 4 personnels were replaced and not 6 as stated in Annexure-VI. The learned senior counsel for the respondent further stated that even the ground of not extending the validity of additional bank guarantee up to 25.05.2024 is incorrect as the same was duly extended the respondent.
8. Lastly, the learned senior counsel for the respondent has relied on the judgment dated 19.04.2017 passed in L.N. Malviya Infra Projects Pvt. Ltd. and Another vs. National Highways Authority of India, W.P. (C) No. 3326/2017 by the learned Single Judge of this Hon’ble Court, judgment dated 09.07.2018 passed by the Division Bench of this Hon’ble Court in National Highways Authority of India vs. L.N. Malviya Infra Projects Pvt. Ltd. and Another, LPA No. 660/2017 to contend that order of blacklisting has serious civic and economic consequences and results in loss of reputation, goodwill and damages.
9. We have heard the learned counsel for the parties and perused the records.
10. In the present case, the learned Single Judge has passed the impugned order dated 01.02.2021 on the premise that the only reason for passing the order of debarment dated 12.01.2021 was giving of false CVs of two personnels.
11. We are unable to agree.
That the order of the debarment, especially in Para 10 categorically states as under:-
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