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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.Sounthar, J
P.K.R. Thangamani, Sole Proprietor of M/s. Reliance Instruments Corporation – Appellant
Versus
Secretary to Government, Health and Family Welfare – Respondent
ORDER :
S. Sounthar, J.
The writ petition is filed challenging the order passed by the 2nd respondent, blacklisting the petitioner for a period of two years from participating in the tenders floated by the 2nd respondent.
2. The petitioner has been in long standing relationship with the second respondent, as he came out successful in number of tenders floated by the second respondent for supplying the equipments to various Hospitals.
3. The issue involved in this writ petition pertains to the following three tenders:
| DATE OF TENDER | TENDER REFERENCE | PRODUCT |
| 01.02.2021 | 649/CSSD/RC/TNMSC/ENGG/2021 | TENDER FOR FIXING RATE CONTRACT FOR SUPPLY AND INSTALLATION OF CSSD AND LAUNDRY EQUIPMENT. |
| 14.12.2021 | E773/CSSD/NHM/TNMSC/ENGG/2021 | ONLINE RATE CONTRACT TENDER FOR SUPPLY AND INSTALLATION OF GAUZE CUTTING MACHINE WITH TABLE, ENDOSCOPIC CLEANING AND DISINFECTION MACHINE PLASMA STERILIZER AND DRYING CABINET |
| 04.08.2022 | E851/ACL/RC/NHM/TNMSC/ENGG/2022 | ONLINE TENDER FOR FIXING RATE CONTRACT FOR SUPPLY AND INSTALLATION OF AUTOCLAVE VERTICAL (2 BINS) TO VARIOUS GOVT INSTITUTIONS. |
4. It is the case of the petitioner that pursuant to the letter of acceptance issued by the second respondent in respect of the above ten
An employer is liable for the fraudulent acts of its employees, justifying blacklisting under tender conditions for submission of forged documents.
The submission of a bogus Bank Guarantee by a bidder justifies a two-year ban under tender conditions, as the term 'certificate' includes documents.
Blacklisting an entity for submission of forged bid documents is justified when the act impacts bid integrity; vicarious liability applies to employers for employee misconduct in the course of their ....
Blacklisting as a penalty requires clear proof of intentional misconduct, and actions taken based on allegations alone may be deemed disproportionate and legally untenable.
Point of Law : Work tender/Contract - Blacklisting - when the financial loss is not caused, the doctrine of proportionality to blacklist the petitioner beyond the reasons shown in the show cause not....
The judgment emphasizes the importance of fair play, natural justice, non-discrimination, equality, reasonableness, and proportionality in the process of blacklisting, and the need for a valid, parti....
The power to blacklist a contractor is subject to judicial review and must be exercised in accordance with the principles of natural justice, proportionality, reasonableness, and fairness, especially....
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