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PRATHIBA M. SINGH
V R Techniche Consultant Pvt. Ltd. – Appellant
Versus
National Highways Authority of India – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
CM APPL. 13966/2023 (for exemption)
2. Allowed subject to all just exceptions. Application is disposed of.
W.P.(C) 3608/2023 and CM APPL. 13965/2023
3. This is a petition filed by the Petitioner- M/s V R Techniche Consultant Pvt. Ltd. against the Respondent- National Highways Authority of India (hereinafter 'NHAI') challenging the impugned order dated 10th March, 2023. By the said order, the NHAI has barred the Petitioner for a period of three years from participating/engagement in any future projects or bids of NHAI. The impugned debarment order dated 10th March, 2023 issued by the NHAI is extracted as under:
"ORDER
Sub: Debarring M/s VR Techniche Consultant Private Ltd. from Prequalification/particing/ engagement or bidding for future projects of/or to be undertaken by NHAI- reg.
It is brought to the notice of all Divisions/Units of NHAI that M/s VR Techniche Consultant Private Ltd. was awarded the consulting services work for preparation of a report on physical condition of the National Highways stretches under consideration for award on Toll Operate Transfer (Model) for Bundle-1 which included
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....
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.
Misrepresentation of facts at the time of bidding amounted to fraudulent practice, justifying the debarment of the joint venture consortium.
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