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MANOJ KUMAR OHRI
In The Matter Of: Rajat Enterprises – Appellant
Versus
Govt. of N. C. T. of Delhi – Respondent
JUDGMENT
Manoj Kumar Ohri, J. (Oral)
1. By way of the present petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has assailed order dated 08.02.2022 passed by the respondent, whereby it has been debarred from participating in any tenders of Delhi Jal Board (in short, 'DJB') and/or having any business dealing with DJB for a period of five years from the date of issuance of the order. Other ancillary reliefs have also been sought.
2. The facts of the case are that vide NIT dated 27.03.2018, the DJB had issued an e-tender for 24 separate works. One such work was Item 21, i.e. "improvement of electrical supply system in main LT panel at BHARATNAGAR SPS". The petitioner participated in the e-tender process and was awarded work order No.2 dated 25.04.2018 for supply of two Air Circuit Breakers (hereinafter, 'ACBs') and other items/adjoining accessories, as well as to install/test/commission work. The work was valued at Rs.6,49,264/- and was to be carried out in 30 days. Pursuant to award of the work, the parties entered into Agreement dated 01.05.2018.
On 02.04.2019, the respondent issued Show Cause Notice to the petitioner asking it to explain as to w
The severity of the effects of blacklisting and the resultant need for strict observance of the principles of natural justice before passing an order of blacklisting.
The court emphasized the need for strict observance of the principles of natural justice before passing an order of blacklisting and highlighted the requirement of a valid, particularised, and unambi....
Blacklisting or debarment cannot be permanent and must be preceded by a specific show cause notice, complying with the principles of natural justice.
The requirement for a fair hearing and a specific show cause notice before imposing the severe civil consequence of blacklisting, and the need for the authority to determine the period of punishment ....
For a blacklisting or debarment order to be valid, a show-cause notice must explicitly inform the contractor of the potential for such penal action. Failure to provide specific notice of the intentio....
Debarment orders must be communicated to the affected party, and the Debarment Committee must afford a hearing for the debarment to sustain.
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