Debarment or blacklisting must be proportionate to the default committed by the bidder. Proper reasons must be provided for blacklisting, and the principles of natural justice must be followed. Blacklisting orders are amenable to judicial review and can be judged on the standard of proportionality.

JUDGMENT

Prathiba M. Singh, J. - This hearing has been done through hybrid mode.

2. The present petition has been filed by the Petitioner challenging the forfeiture of the Earnest Money Deposit (hereinafter, "EMD") and the debarment for the current and four financial years, in terms of Clause 4.7 of the Notice Inviting Tender (hereinafter "NIT").

3. The Respondent No.3/DTIDC had invited bids for licensing of shops/sites/spaces at Maharana Pratap ISBT, Kashmere Gate, Delhi in March, 2020. The last date for submission of bids was 18th June, 2020. However, due to the Covid-19 pandemic and the consequent lockdown, the date was extended from time to time. The Petitioner had submitted her bid for Shop No.41, ISBT, Kashmere Gate, Delhi in December, 2020. She was declared a successful bidder and a letter of acceptance dated 2nd February, 2021 was issued by the department to her. The Petitioner could not make the payments in terms of the bid which was submitted by her. The ground for the said non-payment as has been stated in the writ petition, was the ill health of the Petitioner, in view of which she sought time for 24 days to complete the formalities. In view of the fact that the extension of time that was requested was not granted to the Petitioner, the letter dated 16th February, 2021 was issued against her, forfeiting the EMD, and debarring her from bidding for the present financial year and the next four financial years, in terms of Clause 4.7 of the NIT. The relevant extract of the said letter reads:

"LIST OF DEBARRED BIDDER/PERSON

Name of Tender:- Licensing of Shops/ Sites/ Spaces at Maharana Pratap ISBT Kashere Gate, Delhi, March, 2020 for commercial utilization.

NIT NO. DTIDC/ MARCH/2019-20/1216

The successful bidders have failed to complete the formalities for the respective licence premises as stipulated in the LOA letter dated 02.02.2021:-

 The EMD of above successful bidders is hereby forfeited and the concerned successful bidders are debarred from taking participation in Tender/RFP of DTIDC for this financial year and next four financial year in terms of NIT condition No.4.7. This issues with prior approval of MD, DTIDC."

4. This matter was first listed before this Court on 17th March, 2021. On the said date, ld. Counsel for the Respondents/GNCTD had submitted that the Respondents are willing to give an extension of time for making the payment, so that the Petitioner can honour the bid. However, at that stage, the Petitioner opted not to honour the bid, relying upon the prevalent circumstances including the kisaan andolan. In view of the said position on 17th March, 2021, no interim order was granted and the following observation was made by this Court:

"8. In view of the above, since there is an admitted default on the part of the Petitioner by not honouring the bid submitted by her and despite extension for payment being offered today, which was sought by the Petitioner herself, the Petitioner does not wish to avail of the same, no interim order is being granted at this stage. The Petitioner cannot firstly seek extension on medical grounds and now cite other reasons such as kisan andalon for not honouring her bid. The application for stay being CM APPL. 10459/2021 is accordingly rejected at this stage. However, the period of blacklisting and whether both forfeiture of EMD and blacklisting can be simultaneously imposed, deserves consideration. If there is any future tender called by the Respondent, the Petitioner is given liberty to approach the Court."

5. The pleadings have been completed in the matter. Ld. Cou