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IN THE HIGH COURT OF DELHI AT NEW DELHI
JYOTI SINGH
CCS Computers Private Limited – Appellant
Versus
New Delhi Municipal Council – Respondent
| Table of Content |
|---|
| 1. factual background of the case concerning blacklisting (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. petitioner's arguments on company's reputation and conduct (Para 10 , 20 , 21 , 22 , 23) |
| 3. court's observations on vicarious liability and employee conduct (Para 12 , 37 , 39 , 40) |
| 4. application of regulation and debarment consequences (Para 54 , 67) |
| 5. final ruling and dismissal of the petition (Para 71 , 72) |
JUDGMENT :
JYOTI SINGH, J.
1. By this writ petition, Petitioner lays siege to letter/order dated 07.06.2024 issued by Respondent No. 1/New Delhi Municipal Council (‘NDMC’), whereby Petitioner has been blacklisted by NDMC and debarred from participating in any bid in NDMC for a period of 02 years from the date of issue of the letter. Petitioner seeks writ of mandamus to direct NDMC not to publish the impugned letter on its website or to take down the same, if already published as also not to take further coercive action during pendency of Complaint Case No. 3100/2024, titled ‘CCS Computers Private Limited v. State & Ors.’, pending before the Trial Court and return the bank guarantee amount.
2. Case set up by the Petitioner is that Petitioner is a company incorporated
Blacklisting an entity for submission of forged bid documents is justified when the act impacts bid integrity; vicarious liability applies to employers for employee misconduct in the course of their ....
The requirement for a fair hearing and a specific show cause notice before imposing the severe civil consequence of blacklisting, and the need for the authority to determine the period of punishment ....
Blacklisting a contractor for submitting a false experience certificate requires clear proof of intentional wrongdoing; failure to provide such evidence renders the action disproportionate.
Blacklisting as a penalty requires clear proof of intentional misconduct, and actions taken based on allegations alone may be deemed disproportionate and legally untenable.
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....
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