Back
RAJESH SHANKAR
Sanjay Kumar Brothers, through its Proprietor, Deobrata Sen Gupta – Appellant
Versus
Eastern Coal Fields Limited, through its Chairman-cum-Managing Director, Sanctoria, District Burdwan (West Bengal) – Respondent
JUDGMENT :
1. The present writ petition has been filed for quashing the letter dated 27.07.2021 as contained in Ref. No. ECL/GM/MA/CE/21/592 issued under the signature of the Area Engineer (Civil), Mugma Area, Dhanbad-respondent No.4, whereby the petitioner has been banned for two years from being eligible to submit bids in Coal India Limited (in short ‘CIL’) and its subsidiaries as well as its account has been blocked in CIL’s e-tendering portal.
2. Learned counsel for the petitioner submits that the respondent no.4 issued e-tender notice being NIT No.ECL/GM/MA/CE/2021/1502 dated 04.03.2021 for construction work of Hume Pipe Culvert for haul road under Kapasara O.C.P. (hereinafter referred as the said work) and the petitioner submitted its bid for the said work. However, during the tender process, the respondent No.4 issued impugned letter dated 27.07.2021 banning the petitioner for two years from submitting its bids in C.I.L. and its subsidiaries. Earlier the petitioner was awarded the work of civil construction i.e. repair of main drain from Adarsh Colony to culvert including P.C.C. Block Nos.19 to 23 NH(D/S) and ‘B’ type & ‘C’ type quarters at Adarsh Colony under Chapapur after c
The mandatory requirement of serving a show cause notice specifying the grounds on which the action is proposed to be taken before blacklisting a party, as established in relevant case laws.
The central legal point established in the judgment is the requirement to comply with the principles of natural justice, including providing a fair hearing, in the process of blacklisting a bidder.
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....
The requirement for a fair hearing and a specific show cause notice before imposing the severe civil consequence of blacklisting, and the need for the authority to determine the period of punishment ....
The main legal point established in the judgment is the requirement for a clear mention of the proposed blacklisting action in the show cause notice, as well as the need to adhere to principles of na....
The Petitioner's suppression of a material fact and approach to the Court with unclean hands led to the dismissal of the Petition.
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
