JUDGMENT

1. These petitions have been filed by the petitioners challenging the impugned circular/order dated 28.08.2020 and `debarment notice' dated 25.09.2020 issued by the respondent debarring the petitioners and their directors for one year from participating/engagement in any future project/bid of the respondent, directly or indirectly, with effect from 28.08.2020.

2. As common questions of fact and law are involved, these petitions are being adjudicated by way of this common judgment. The facts are being taken from WP(C) 8125/2020.

3. The respondent had entered into a Concessionaire Agreement with West Gujarat Expressways Ltd. (hereinafter referred to as `WGEL') for the work of `widening of the Existing Jetpur - Gondal Section (km 117.000 to km 143.000) from two lane to four lane; making improvements in the existing four lane Gondal - Rajkot Section (km 143.000 to km and Widening of the existing Rajkot Bypass (km 175.000 to km 185.000) from two lane to four lane on NH-8B in Gujarat on BOT Basis. The contract period was of 20 years, that is, from 17.03.2008 to 16.03.2028.

4. Article 20.1 of the Agreement provided for appointment of an Independent Engineer for inter alia