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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT BANSAL
Vpssr Facilities – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. challenge to debarment from tenders. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. debarment alleged to be illegal. (Para 10 , 12) |
| 3. necessity of show-cause notice in blacklisting. (Para 14 , 15 , 16 , 17 , 18) |
| 4. cancellation of debarment upheld. (Para 19 , 20 , 21 , 22) |
JUDGMENT :
AMIT BANSAL, J.
1. The present writ petition has been filed seeking the following reliefs:-
2. At the outset, Mr. Pankaj Kumar Singh, counsel appearing on behalf of the petitioner, submits that the petitioner is confining his challenge in the present writ petition only to the extent that the petitioner has been debarred from future bid/tenders conducted by the respondent/Railways.
3. The petitioner, being the successful bidder, was awarded a Contract by the Railways for performance of services/work for “Mechanized cleaning of coaches of primary trains along with provisions of On Board Housekeeping Services (‘OBHS’) in trains including toiletries in AC coaches and depot complex cleaning at Coaching Depot, Amritsar (ASR) for period of 3 years (1095) days” on “Outcome Basis” and the work was started by the petitioner from 1st July, 2022.
4. The petitioner deposited the requisite Performance Guaran
Debarment from government tenders requires issuance of a Show Cause Notice stating intended action, ensuring compliance with principles of natural justice.
Debarment from future tenders without a hearing constitutes a violation of natural justice and is treated as blacklisting requiring a specific show cause notice.
A party cannot be blacklisted without a clear and adequate show cause notice, violating principles of natural justice, leading to severe consequences.
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 ....
The necessity of a specific show cause notice for blacklisting and the requirement to state the proposed action.
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