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DELHI HIGH COURT
D.N.PATEL, JASMEET SINGH
National Highways Authority of India – Appellant
Versus
Theme Engineering Services Private Ltd. – Respondent
JUDGMENT
Jasmeet Singh, J.
LPA 56/2021 & CM APPL. 12166/2021-STAY
1. The present Letters Patent Appeal has been filed by the appellant (Original respondent in the writ petition W.P (C) No. 1173/2021) being aggrieved by the order dated 01.02.2021 passed in WP(C) No. 1173/2021 titled as Theme Engineering Services Private Ltd. & Anr. Vs. National Highways Authority of India & Ors..
2. By virtue of the impugned order, the learned Single Judge was pleased to stay prospectively the order of debarment dated 12.01.2021.
3. The learned Senior Counsel appearing for the appellant has contended that the learned Single Judge has gone purely on the premise that the order of debarment has been passed under Clause 3.7 (ix)(b) section 2 of Appendix `L' as the information given by two key personnel in their CVs were found to be fake.
4. The learned senior counsel for the appellant has stated that a bare perusal of Annexure-VI would show that the incorrect information in CVs was not the only ground but there were other grounds which were set out in Annexure-VI. The learned senior counsel argued for the appellant that the Review Committee after due consideration of the representations as well
A debarment order must consider all grounds presented, and judicial review in such cases requires a thorough evaluation of the facts rather than summary judgments.
Order of debarment - False CVs - Order visits the respondent herein with civil and evil consequences, it would be desirable if the writ petition is completely heard by the learned Single Judge and di....
The contractor is not wholly liable for personnel misrepresentations in CVs when discrepancies are disclosed voluntarily, necessitating fair treatment in debarment actions.
The Court held that the impugned order of blacklisting was unsustainable on the following grounds:
1. The order was based on allegations that were not included in the SCN issued to the petitio....
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....
Debarment orders must be communicated to the affected party, and the Debarment Committee must afford a hearing for the debarment to sustain.
Participating entities in a joint venture are entitled to individual service of show-cause notices in debarment proceedings. Failure to serve all parties effectively denies them the opportunity to be....
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