JUDGMENT AND ORDER :

DEVASHIS BARUAH, J.

Heard Ms. G. Goswami, the learned Senior counsel assisted by Mr. A. Neog, the learned counsel appearing on behalf of the Petitioner and Mr. D. Saikia, the learned Senior counsel assisted by Mr. A. Sharma, the learned counsel appearing on behalf of the Respondent Nos. 1, 2, 3 and 4.

PREFACE:

2. The present writ petition has been filed by the Petitioner seeking the following reliefs:

“(a) Certiorari shall not be issued to set aside/quash the order dated 10.10.2025 issued by OIL blacklisting the Petitioner and putting the Petitioner under the Holiday List of OIL for 2 years w.e.f. 29.07.2025;

(b) Certiorari shall not be issued to set aside/quash the order dated 12.12.2025 issued by OIL cancelling the contract dated 03.03.2025 and encashing the performance security submitted by the Petitioner vide letter dated 19.12.2025;

(c) Certiorari shall not be issued to set aside/quash the order dated 15.12.2025 issued by OIL affirming the Banning Order dated 10.10.2025;

(d) Certiorari shall not be issued to set aside/quash the new tender no vide Bid Number: GEM/2025/B/6558258 issued by OIL on 11.08.2025.”

3. At the outset, the learned Senior counsel appearing on behalf of the Petitioner submitted that insofar as the reliefs sought for at Serial Nos. (b) and (d), the Petitioner would not like to insist in the present proceedings and would like to avail a separate proceedings as envisaged under law and as such, necessary liberty be granted to the Petitioner. The learned Senior counsel also submitted that the instant writ petition be confined to the reliefs sought for at Serial Nos. (a) and (c).

4. A perusal of the reliefs at Serial Nos. (a) and (c) would show that the Petitioner's grievance in the present writ petition is the order dated 10.10.2025 whereby the Petitioner as well as all its associate firms were blacklisted for a period of 2 (two) years with effect from 29.07.2025 as well as the order dated 15.12.2025 which was affirmed by the Appellate Authority.

BRIEF FACTS OF THE CASE:

5. The Petitioner is a company engaged in the business of manufacture and supply of several critical patented products used by the Respondent OIL such as wire line winches, stabilizers and casing pipes. It is claimed by the Petitioner that the Petitioner has been doing business with the Respondents for the last 35 years.

6. On 01.08.2024, a Notice Inviting Tender was issued for supply, installation and commissioning of 2 (two) numbers of truck mounted hydraulic wire line winches at a contract value of Rs.13,73,60,000/-. The Petitioner participated in the said tender process and in doing so, executed the Integrity Pact which is a requirement for each bidder. On 03.03.2025, the contract was awarded to the Petitioner as the single bidder.

7. On 03.05.2025, an FIR was registered under the provisions of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and the Prevention of Corruption Act, 1988 (for short ‘the Act of 1988’) by the CBI, New Delhi, against various persons including one Shri Prayas Chakravorty - Deputy GM of Oil India and 2 (two) officials of the Petitioner company, namely Shri Jyoti Kumar Singh, DGM Sales and Marketing; and Mr. Kanal Gupta, Managing Director of the Petitioner Company. The said FIR was registered and numbered as RC2172025A0012 under the provisions of Section 61(2) of the BNS read with Sections 7, 9, 10 and 12 of the Act of 1988.

8. All the 3 (three) persons who were named in the FIR, i.e. Shri Prayas Chakravorty, Shri Jyoti Kumar Singh and Shri Kanal Gupta were arrested. Subsequent thereto, on 27.06.2025, a Charge Sheet was submitted against Shri Prayas Chakravorty, Shri Jyoti Kumar Singh and Shri Kanal Gupta as well as the Petitioner company under Section 61(2) of the BNS and Sections 7, 9, 10 and 12 of the Act of 1988. Vide an order dated 14.08.2025, cognizance was taken under Section 61(2) of the BNS and Sections 7, 9, 10 and 12 of the Act of 1988 against Shri Prayas Chakravorty, Shri Jyoti Kumar Singh a