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RAJESH SHANKAR
BKB Transport Pvt. Ltd. , through its Authorized Signatory-cum-Vice President-Alok Kumar Agarwal – Appellant
Versus
Bharat Coking Coal Limited, through its Chairman-cum-Managing Director – Respondent
ORDER :
[RAJESH SHANKAR, J.]
1. The present writ petition has been preferred for quashing show cause notice as contained in Ref. No. BCCL/CMC/Tptn43/Show_Cause/BKB/2021/549 dated 03.12.2021 (Annexure-13 to the writ petition) issued by the respondent no. 2-the General Manager (Contract Management Cell), Bharat Coking Coal Limited (BCCL) whereby the petitioner has been called upon to file show cause reply as to why appropriate action should not be taken against it including termination of the contract, forfeiture of all dues including performance security deposit and it be not banned for a minimum period of two years from being eligible to submit bids in future tenders of Coal India Limited (CIL) and its subsidiaries. Further prayer has been made for quashing and setting aside the order as contained in Ref. No. BCCL/CMC/Tptn43/Debar/BKB/2022/137 dated 24.03.2022 passed by the respondent no. 2 whereby the petitioner has been debarred from participating in future bids in all tenders of BCCL, in individual capacity or as a joint venture, for a period of 2 years from the date of issuance of this order.
2. Mr. Sumeet Gadodia, learned counsel for the petitioner, while explaining the factual b
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 main legal point established in the judgment is the requirement for due consideration of all material aspects in the adjudication of a show-cause notice, especially in the context of civil conseq....
The decision to disqualify a bidder from a tender process does not require a reasoned order and should defer to the understanding and appreciation of the tender documents by the employer of the proje....
The necessity of a valid, particularised and unambiguous show-cause notice before passing an order of blacklisting or debarment.
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