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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 :
1. The present petition has been filed with the following prayer :
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.”
3. That the petitioner participated in the bid for the construction of the work and submitted the technical and financial bid along with the requisite documents within the period specified under the Notice Inviting Bid.
SUBMISSIONS OF PETITIONER-FIRM:
6. Further, it was submitted that notice dated 28.05.2025 received under Section 80 (2)(B) and 80(2)(D) of the Act of 2012 qua irregularity in the application for bid submitted in furtherance of NIB
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....
The rejection of bids must be based on valid reasons and must not be arbitrary or mala fide. Court orders must be adhered to, and decisions must be in accordance with the law.
No order of debarment can be made against a party without first issuing a specific show cause notice, ensuring compliance with the principles of natural justice.
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