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IN THE HIGH COURT OF DELHI AT NEW DELHI
SACHIN DATTA
SRSC Infra Pvt. Ltd. – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. revocation of letter of award based on debarment. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. challenge to legal validity of debarment action. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 3. requirements for fair debarment procedures. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. quashing of unlawful debarment order. (Para 25 , 26) |
| 5. rights and options post-cancellation of award. (Para 27 , 28 , 29 , 30) |
JUDGMENT :
SACHIN DATTA, J.
1. The present petition has been filed by the petitioner being aggrieved with a communication dated 10.04.2023, whereby the Letter of Award (LOA) dated 14.02.2023, issued to the petitioner by the respondent has been revoked/withdrawn.
2. The aforesaid LOA was issued in the backdrop of a Request for Proposal (RFP) issued by the Ministry of Road Transport and Highways (MoRTH) on 06.12.2021, for the project titled “Widening and Strengthening from KM. 0.000 to KM. 38.853 of NH-330D (Sitapur to Kurain Section) to two lanes with paved shoulder configuration under EPC mode”.
3. The technical bids were opened on 24.03.2022, and upon evaluation of the technically qualified bidder, the financial bids were opened on 03.06.2022. Pursuant thereto, the petitio
Debarment orders must be communicated and reasoned to uphold principles of natural justice; lack of such communication invalidates the debarment.
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.
The central legal point established in the judgment is that MoRTH is the 'Principal' as per the Integrity Pact and under Rule 151 GFR, debarment can be resorted to, provided that the Petitioners are ....
Debarment from future tenders without a hearing constitutes a violation of natural justice and is treated as blacklisting requiring a specific show cause notice.
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