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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SAMEER JAIN
Balaji Steel Industries – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. the petitioner participated in a tender, facing a punitive debarment due to clerical mistakes. (Para 2 , 3 , 4) |
| 2. the petitioner argues the debarment order is illegal based on procedural violations. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 3. respondents maintain the integrity of the tender process justifies the debarment. (Para 13 , 14 , 15 , 16 , 17) |
| 4. court highlights the need for proportionality and due process in imposing penalties. (Para 21 , 22 , 23) |
JUDGMENT :
SAMEER JAIN, J.
1. The present petition has been filed with the following prayer :
“1) The Impugned order dated 12.06.2025 may kindly be quashed & set aside.
2) And/or any other appropriate order or direction may also kindly be passed in favour of the Petitioner, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.”
2. Brief facts of the instant matter are that the petitioner is a proprietorship firm duly registered with the respective Departments. That the Department of Agriculture marketing through respondent No.5 had issued a notice inviting open competitive bidding dated 07.03.2025 from the firms having valid licenses, for construction and maintenance of around 16 b
Debarment order quashed for lack of adherence to natural justice and proportionality under public procurement law.
The court emphasized the necessity of providing a reasonable opportunity of hearing before debarment under Section 46(5) of the RTPP Act.
The court affirmed that a bidder's disqualification due to false declarations in tender processes is valid, emphasizing limited judicial review in contractual matters.
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.
The judgment emphasizes the limited scope of judicial review in contractual matters and the importance of fair play in the decision-making process. It highlights the freedom of the respondents to awa....
Tender bid valid 180 days from submission; post-expiry forfeiture of EMD and debarment invalid without extension. Debarment requires prior show cause notice per natural justice principles.
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