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MANISH CHOUDHURY
Biogenetic Drugs Private Limited – Appellant
Versus
National Health Mission, Assam Saikia Commercial Complex – Respondent
JUDGMENT :
By invoking the extra-ordinary jurisdiction under Article 226 of the Constitution of India, the writ petition has been instituted challenging a Show Cause Notice dated 21.07.2017 and an order dated 20.09.2017, both issued under the hand of the Mission Director, National Health Mission [NHM], Assam. By the Show Cause Notice dated 21.07.2017, the petitioner was asked to show cause as to why there was delay from the end of the petitioner to supply the essential drugs pursuant to two Purchase Orders, dated 21.01.2017 and 23.03.2017 respectively, and as to why the petitioner should not be blacklisted for non-performance in supplying essential drugs in the State causing delay in the programme, ‘Free Drug Service’ Scheme of the Government of India. By the Order dated 20.09.2017, the petitioner has been disqualified to participate in any tender processes initiated by the NHM, Assam for a period of 5 [five] years from the date of the said Order stated to be passed in terms of Clause 17 of the Bid Document.
2. The office of the Mission Director, NHM, Assam initiated a National Competitive Bidding [NCB] process by publishing a Tender Notice for supply of drugs vide Tender No. NHM/PRO
Point of Law : Order to fulfill the requirements of principles of natural justice, a show cause notice should meet the twin requirements viz. [i] the material/grounds to be stated which according to ....
Firm debarment from public contracts requires prior actionable product debarment, ensuring compliance with procedural norms.
The impugned order violated principles of natural justice and tender conditions, leading to its setting aside by the court.
The decision to blacklist a contractor must follow due process and communicate the intended action clearly in the show cause notice. Non-supply of essential goods during a pandemic can justify blackl....
The principles of natural justice require that a party be given a fair opportunity to defend itself against allegations made against it. This includes the right to receive a copy of the evidence agai....
Administrative authorities must strictly adhere to principles of natural justice when taking punitive actions such as blacklisting. This requires issuing a prior show cause notice with specific alleg....
Tender clauses permit EMD forfeiture and contract cancellation without notice for failing performance security; debarment requires specific prior show cause notice per natural justice principles due ....
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