Back
SINDHU SHARMA
Rakesh Kumar Choudhary – Appellant
Versus
Union of India – Respondent
JUDGMENT :
1. The National Highway Authority of India invited bids through e-tender from experienced firms/organizations for short term improvement and routine maintenance of NHAI/Lakhanpur-Jammu section including Jammu Bye-pass from Km 16.350 to Km 97.20 and Km 0.00 to Km 15.00 of Jammu Bye-pass of NH-44 (old NH-1A) in the State of Jammu and Kashmir. The petitioner along with other eligible contractors, participated in the bidding process and being the lowest bidder, his bid for contract price of Rs. 9,34,34,136/- was accepted. The petitioner, thus, furnished performance security plus additional security for an amount of Rs. 93,43,414/- in terms of the bid document. The NHAI, accordingly, entered into a contract with the petitioner on 05.03.2018 and the petitioner successfully completed the execution of the contract. The respondent No. 4 i.e. Regional Officer, J&K, NHAI issued a show-cause notice dated 04.02.2021 to the petitioner, stating that since the experience certificates submitted by the petitioner were not genuine and have not been issued by the concerned authorities, as such, are false and fabricated, therefore, confirmation towards correctness of these documents is also f
Fraudulent practices in securing a contract vitiate the process, and completion of the contract does not absolve the petitioner of liability. The authority has the right to debar the petitioner as pe....
Blacklisting as a penalty requires clear proof of intentional misconduct, and actions taken based on allegations alone may be deemed disproportionate and legally untenable.
The necessity of a specific show cause notice for blacklisting and the requirement to state the proposed action.
Blacklisting a contractor for submitting a false experience certificate requires clear proof of intentional wrongdoing; failure to provide such evidence renders the action disproportionate.
Disqualification from tender processes necessitates adherence to procedural fairness; blacklisting without notice is arbitrary and invalid.
The main legal point established in the judgment is that before blacklisting a person/entity, adequate notice and an opportunity to be heard must be provided, in accordance with the principles of nat....
The impugned actions of issuing the show cause notice and blacklisting the petitioner were arbitrary, unconstitutional, and violated principles of natural justice. The court emphasized the requiremen....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
