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2023 Supreme(Del) 2621

PURUSHAINDRA KUMAR KAURAV
National Highways Builders Federation Through Its Authorized Representative – Appellant
Versus
Union of India Through Its Secretary, Ministry of Road, Transport And Highways – Respondent


Advocates appeared:
Mr. Vishrov Mukherjee, Mr. Girik Bhalla and Mr. Raghav Malhotra, Advocates, for the Petitioner.
Mr. Apoorv Kurup, CGSC, Mr. Ojaswa Pathak, Ms. Nidhi Mittal, Advocates and Ms. Damini Garg, GP, for the Respondent-1 & 2/UOI.
Mr. Manish K. Bishnoi and Mr. Nirmal Prasad, Advocates, for the Respondent-3.

JUDGMENT

Purushaindra Kumar Kaurav, J. (Oral)--This petition seeks to challenge the Impugned Office Memorandum dated 18.08.2022 (Impugned OM) passed by respondent No.1, i.e. Union of India.

2. The petitioner No.1 is a registered society of builders and contractors of national highways, state highways and bridges in the organised sector all over the country. The petitioner No.1 body comprises of 87 members, list thereof, has been placed on record. It is the petitioners' case that respondent No. 1/UOI and 3 i.e. National Highways Authority of India ("NHAI") have started initiating proceedings for debarment against them pursuant to the impugned OM. Respondent No.3 had issued a Show Cause Notice ("SCN") dated 30.08.2022 to petitioner No.2 i.e. GHV (India) Pvt. Ltd. seeking to initiate debarment proceedings on account of registration of case by Central Bureau of Investigation ("CBI") against employees of Petitioner No.2 under the Prevention of Corruption Act, 1988 and Indian Penal Code, 1860. The petitioners therefore, not only challenged the SCN but also challenged the legality of the impugned OM. For the sake of clarity, the reliefs prayed for by the petitioners are being reproduced a

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