NAVIN CHAWLA
Ccs Computers Pvt. Ltd. – Appellant
Versus
Telecommunications Consultants India Ltd. – Respondent
Navin Chawla, J. (Oral)
1. This petition has been filed by the petitioner challenging the Letter dated 05.01.2023 issued by the respondent no.1 to the petitioner, inter-alia taking the following actions against the petitioner:
"Whereas, TCIL constrained to take the following action as mentioned below due to violation of the agreed contractual terms and conditions between parties:
2. The petitioner was awarded the work of Supply, Installation, Commissioning and Maintenance of Event Management System (EMS) for Bihar Local Area Development Agency, Planning and Development Department, Govt. of Bihar (hereinafter referred to as the `BLADA') by the respondent no. 1 vide Letter of Intent (in short `LOI') dated 01.05.2018.
3. It is the c
The court emphasized that imposing a ban on a company should not be done in a casual or regular manner and that such actions should be justified, proportionate, and not arbitrary.
Blacklisting a consultancy firm without providing an opportunity for a hearing violates natural justice principles and renders the action impermissible.
Mere existence of a Clause in the Bid Document, which mentions blacklisting as a bar against eligibility, cannot satisfy the mandatory requirement of a clear mention of the proposed action in the sho....
The necessity of a valid, particularised and unambiguous show-cause notice before passing an order of blacklisting or debarment.
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