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DHARMESH SHARMA
Gayatri Webtech Pvt. Ltd Through Shri Rajesh Tripathi Director – Appellant
Versus
Delhi Development Authority – Respondent
JUDGMENT :
1. The petitioner is invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, 1950, challenging the decision taken by the respondents for debarring the petitioner from participating in any tenders called by the respondents for a period of three years as per the order dated 21.09.2022.
2. Shorn of unnecessary details, the petitioner, which is engaged in the business of providing services for maintenance and manpower outsourcing services in the sports wing of DDA[Delhi Development Authority] since 2011, was issued a work order in terms of tender issued for the deployment of a Plumber/fitter at Commonwealth Games Village Sports Complex [“CWGVSC”] for a period of 12 months to be reckoned from 01.02.2020, for the tender amount of Rs. 3,33,975/- and it is stated that the work order remained in existence upto 10.09.2021. It appears that there was one Plumber employed by the petitioner (hereinafter referred by the pseudonym name ‘X’) and the case of the petitioner is that the Plumber was marking his attendance but was not physically present at the site and he was not even wearing proper uniform during the duty hours, which was required
Debarment from tender participation must adhere to specific legal guidelines; termination of contract may be justified, but debarment without legal basis is invalid.
Debarment from tender participation requires legal grounds such as conviction for serious offenses, which were not present in this case.
The rejection of the petitioners' bid was justified based on their debarment for supplying substandard quality drugs, in line with the State's policy to keep such manufacturers out of the tender proc....
Tender Process - Maintainability of Writ - It is settled legal position that if an authority acts in an arbitrary matter even in a matter of contract, an aggrieved party can approach Court by way of ....
The court upheld the validity of debarment and encashment of Performance Bank Guarantee due to non-performance by the petitioner under the contract, emphasizing adherence to tender conditions.
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