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SUBRAMONIUM PRASAD
E5 Infrastructure Pvt. Ltd. – Appellant
Versus
National Highways Authority of India – Respondent
JUDGMENT
1. The Petitioner has approached this Court challenging the Show Cause Notice dated 29.09.2021 and the subsequent Debarment Order dated 02.11.2021 passed by the Respondent/NHAI debarring the Petitioner from participating in any ongoing and future bids of Respondent/NHAI for a period of 5 years from the date of issue of the notice.
2. During the pendency of the writ petition, an application being CM APPL. 35854/2023 was filed by the Petitioner for preponing the date of hearing of the writ petition on the ground that almost two years have passed after the Impugned Debarment Order dated 02.11.2021 was issued by the Respondent/NHAI and the writ petition has not been heard. The matter was heard by this Court on 21.11.2023. Two years had lapsed and it was the principal contention of the Petitioner that since two years have lapsed and the Financial Rules prescribes maximum period of debarment for two years, the Impugned Order debarring the Petitioner for a period of five years must be set aside.
3. The facts of the case, in brief, are that a Notice Inviting Bids was issued by the Respondent/NHAI on 19.12.2019 for construction of Foot Over Bridges in Gurgaon-Kotputli-Jaipur section o
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 imposition of debarment requires a clear Show Cause Notice specifying the penalty and grounds, ensuring adherence to principles of natural justice.
The main legal point established in the judgment is the requirement of 'enough material' to proceed with debarment, emphasizing integrity and transparency in public procurement.
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.
Debarment or blacklisting must be proportionate to the default committed by the bidder. Proper reasons must be provided for blacklisting, and the principles of natural justice must be followed. Black....
Blacklisting of a contractor must adhere to the principles of natural justice, requiring a specific show cause notice containing proposed penalties. Furthermore, permanent or indefinite blacklisting ....
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