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RAJESH SHANKAR
Vijeta Projects and Infrastructure Ltd. , Ranchi through one of its Directors, Sri Ravindra Bharti – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
The present writ petition has been filed for quashing the order as contained in memo no. 2532 dated 05.05.2022 passed by the respondent no. 4 – the Engineer-in-Chief, Water Resources Department, Government of Jharkhand, whereby the petitioner has been debarred from participating in future tenders for a period of two years and ten months.
2. The factual background of the case as stated in the writ petition is that the petitioner was awarded residual work of construction relating to three reservoirs schemes i.e., Bhairwa Reservoir Scheme at Gola in Hazaribagh district vide Agreement No. 01F2/2005-06 dated 02.07.2005, Ramrekha Reservoir Scheme at Dobhaye in Simdega district vide Agreement No. 06F2/2005-06 dated 12.12.2005 and Keso Reservoir Scheme at Jainagar in Koderma district vide Agreement No. 15F2/2006-07 dated 23.03.2007 on ‘Turn Key Basis’. A show cause notice dated 19.05.2017 was issued to the petitioner by the respondent no. 3 – the Deputy Secretary (Eng.), Water Resources Department, Government of Jharkhand alleging that all the aforesaid three works were to be completed in 30 months from their respective date of commencement, however, even after lapse of 10 years,
The main legal point established in the judgment is the requirement for reasoned administrative decisions, adherence to principles of natural justice, and the prohibition of being a judge in one's ow....
Blacklisting of a contractor must adhere to the principles of natural justice, requiring a specific show cause notice containing proposed penalties. Furthermore, permanent or indefinite blacklisting ....
Blacklisting or debarment cannot be permanent and must be preceded by a specific show cause notice, complying with the principles of natural justice.
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....
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.
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