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PRATHIBA M. SINGH
Theme Engineering Services Pvt. Ltd. – Appellant
Versus
National Highways Authority Of India – Respondent
JUDGMENT
Prathiba M. Singh, J. - This hearing has been done through hybrid mode (physical and virtual hearing).
CM APPL. 3306/2021 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of.
W.P.(C) 1173/2021 & CM APPL. 3305/2021 (for interim stay)
3. The present petition challenges the debarment order dated 12th January, 2021, arising out of the show-cause notice dated 23rd March, 2020, issued by the Respondent No.1 - National Highway Authority of India (hereinafter, NHAI ), vide which the earlier debarment issued on 17th December 2020, for a period of two years, has been reduced to a period of six months.
4. The brief background is that on 30th April 2019, tenders were invited by the Respondent- NHAI, for Supervision Consultancy Services for Authority's Engineer for Construction supervision of Balance work of 4 laning of Ranchi-Rargaon- Mahulia section from 114.00 to km 277.568 of NH-33 in the State of Jharkhand. In response to the same, the Petitioner herein, submitted its bids on 20th June, 2019. It identified and submitted Curriculum Vitae s (hereinafter, CV s ) of ten shortlisted professionals, as its key managerial personnel, who would work as consult
The main legal point established in the judgment is the requirement for specific reasoning for debarment, the principles of debarment under GFR, 2017 Rule 151, and the balance of interests between th....
A debarment order must consider all grounds presented, and judicial review in such cases requires a thorough evaluation of the facts rather than summary judgments.
Order of debarment - False CVs - Order visits the respondent herein with civil and evil consequences, it would be desirable if the writ petition is completely heard by the learned Single Judge and di....
The judgment establishes the principle that the NHAI's penalty actions, including debarment, should be proportional and in line with the NHAI's policy on penalty actions.
The court upheld the debarment of the petitioner for failing to submit a performance guarantee on time, affirming the procedural fairness and adherence to the RFP guidelines.
The gravity of the offence and its impact on the organization's operations and reputation are relevant factors in determining the duration of debarment.
The Court held that the impugned order of blacklisting was unsustainable on the following grounds:
1. The order was based on allegations that were not included in the SCN issued to the petitio....
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