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IN THE HIGH COURT OF DELHI AT NEW DELHI
PRICEWATERHOUSECOOPERS PRIVATE LIMITED – Appellant
Versus
UNION OF INDIA THROUGH THE SECRETARY DEPARTMENT OF AGRICULTURE AND FARMERS WELFARE MINISTRY OF AGRICULTURE AND FARMERS WELFARE & ORS. – Respondent
JUDGMENT :
SACHIN DATTA, J.
FACTUAL MATRIX
1. The present petition filed by the petitioner seeks to assail an Office Memorandum dated 16.07.2024 (hereinafter ‘impugned OM’) which inter alia disqualified the petitioner for a period of 5 years from participating in any Request for Proposals (RFA) issued by the Integrated Nutrient Management Division (Organic Farm Divisions) (hereinafter referred as ‘INMD’), Department of Agriculture & Farmers Welfare, Ministry of Agriculture and Farmers Welfare (respondent no.1) and a communication/email dated 22.07.2024, in terms of which, account of the petitioner on the Government e-Market Place (GeM) portal (respondent no.2) was suspended for 30 days i.e., between 22.07.2024 to 21.08.2024.
2. The disputes between the parties have arisen in the context of a Request for Proposal (RFA) dated 04.01.2024 issued by the INMD of respondent no.1 on the portal of respondent no. 2 for selection of a consultancy firm for establishment of Programme Monitoring Unit (hereinafter referred as “PMU”) for the Mission Organic Value Chain Development for North Eastern Region (hereinafter referred as “MOVCDNER”).
3. It is stated that the petitioner in response to the afor
Blacklisting a consultancy firm without providing an opportunity for a hearing violates natural justice principles and renders the action impermissible.
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.
Principles of natural justice and proportionality must be upheld in administrative decisions such as blacklisting, ensuring that adequate opportunity is provided to contractors to defend against adve....
The main legal point established in the judgment is that before blacklisting a person/entity, adequate notice and an opportunity to be heard must be provided, in accordance with the principles of nat....
Blacklisting without notice constitutes a violation of the principles of natural justice, requiring fair opportunity for the affected party to present their case.
The necessity of a specific show cause notice for blacklisting and the requirement to state the proposed action.
Judicial non-interference in tenders upheld absent mala fides or arbitrariness; non-disclosure of challenged blacklisting justifies disqualification if no timely rollback proof provided.
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