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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
Kamal Phool – Appellant
Versus
Food Corporation of India – Respondent
JUDGMENT :
Sureshwar Thakur, J.
1. Through the instant writ petition, the petitioner seeks the quashing of the order dated 13.9.2024 (Annexure P-11), wherebys the petitioner has been debarred for a period of two years from participating in any other tender process initiated by the Food Corporation of India (for short the FCI').
Brief facts of the case
2. The respondent department invited an e-tender for the appointment of Handling and Transport Contractor (HTC) at FCI, Butari Center under the two bid system(s). The petitioner participated in the said tender, and, submitted his bid on 11.5.2024. The technical bids were evaluated on 28.5.2024, and, the bid of the petitioner was declared to be technically fit along with the bids of the other two bidders. It was before the opening of the financial bid, that the petitioner realized, that he has wrongly quoted the rates as "at less of Rs. 118/-", whereas, as per the terms and conditions, the rate should have been quoted as Rs. "218/-". Resultantly, he visited the Head Office of the respondent and apprised them about the said mistake, and, also furnished an affidavit dated 9.7.2024, stating thereins to either cancel the said tender or in the
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.
Tender Process - Maintainability of Writ - It is settled legal position that if an authority acts in an arbitrary matter even in a matter of contract, an aggrieved party can approach Court by way of ....
Debarment from future tenders without a hearing constitutes a violation of natural justice and is treated as blacklisting requiring a specific show cause notice.
The rejection of the petitioners' bid was justified based on their debarment for supplying substandard quality drugs, in line with the State's policy to keep such manufacturers out of the tender proc....
Debarment orders must be communicated and reasoned to uphold principles of natural justice; lack of such communication invalidates the debarment.
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