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SUJOY PAUL
S. K. Jain – Appellant
Versus
Gas Authority of India Ltd. – Respondent
Sujoy Paul, J.
1. In this petition filed under Article 226 of the Constitution, the petitioner has challenged the legality, validity and propriety of the order dated 7.4.2015, whereby the petitioner is banned from participating in the bidding process for any of the GAIL's tender (s) in future for a period of three years.
2. Brief facts necessary for adjudication of this matter are that the petitioner is a contractor and doing business in the name of M/s S.K. Jain. The respondent No. 2 invited tender for the work of hiring of vehicle for GAIL, Vijaypur. Copy of invitation for bids (IFB) dated 20.3.2013 is Annexure P-2. The petitioner submitted his tender by e-tendering process. Admittedly, Annexure P-4, is the instructions of the bidding process and award of contract. The petitioner submitted his tender and also submitted Form F-6A. Thereafter, the respondents issued a show cause notice dated 17.6.2014 to the petitioner. On the strength of clause 40 of instruction to bidders (ITB), it is alleged that the petitioner has given false information deliberately. It is concealed/suppressed by him that the petitioner is already placed in the negative list of M/s Engineering India Lt
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