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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
Rashmi Metaliks Limited – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Ajay Mohan Goel, J.)
By way of this writ petition, the petitioner has, inter alia, prayed for the following relief:-
“That an appropriate writ, order or directions may kindly be issued and the impugned communication dated 22.08.2023 Annexure P-4 and 18.07.2023 may kindly be quashed and set aside in the interest of law and justice.”
2. The petitioner is primarily aggrieved by office order dated 22.08.2023 (Annexure P-4), issued by the Engineer-in-Chief Jal Shakti Vibhag, which reads as under:-
“In pursuance/compliance of Principal Secretary (JSV) to the Government of Himachal Pradesh letter No.JSV-B(F)-2022 dated 18.08.2023, the firm M/s Rashmi Metaliks Limited, Kolkata is hereby blacklist/debar from participating in the tendering process of D.I. Pipes in Jal Shakti Vibhag Himachal for the next one year.
Henceforth no supply orders/pipes shall be placed/procured by the department at any level in favour of the above firm for next one year.”
3. When the case was taken up for consideration today, learned Deputy Advocate General submitted that in the light of the fact that the petitioner in terms of Annexure P-4 was blacklisted for a period of one year and as the said period is ove
Blacklisting of a contractor requires prior contractual obligations; mere non-participation in tender processes does not justify blacklisting.
Authority cannot perpetually debar an entity from participation in tenders post-blacklisting period.
The court established that a previous blacklisting does not permanently hinder an entity's ability to participate in tenders once the stipulated period has ended.
The court emphasized the need for strict observance of the principles of natural justice before passing an order of blacklisting and highlighted the requirement of a valid, particularised, and unambi....
Blacklisting or debarment cannot be permanent and must be preceded by a specific show cause notice, complying with the principles of natural justice.
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