Granting interim relief that effectively awards the final relief prayed for in a writ petition is impermissible at the pre-adjudication stage.

O R D E R

CM APPL. 9/2026 (Exemption)

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 4/2026

3. The present petition has been filed assailing the communication dated 25.11.2025, issued by the respondents, to the extent that it debars the petitioner for a period of six months from contractors enlistment maintained by the respondent, thereby restraining the petitioner from participating in the tenders of CPWD/PWD and other Government Organizations.

4. Briefly stating the factual background, respondent no.1 invited tenders for renovation/upgradation of 90 NGO rooms at IBCTS, 35 S.P. Marg, New Delhi vide Notice Inviting Tender Bearing No. 38/EE/QDIVN/2024-25. Pursuant thereto, the petitioner participated in the tender process and was issued a letter of award for the above said tender on 16.12.2024.

5. The learned counsel for the petitioner submits that subsequently, vide communication dated 30.01.2025, the petitioner informed respondent no.1 of his inability to execute the awarded work owing to the hospitalization of the petitioners father, who had suffered a cardiac ailment and was advised continuous medical supervision and treatment. The said explanation was duly acknowledged by the respondent, and the performance guarantee furnished by the petitioner was subsequently forfeited vide letter dated 13.02.2025.

6. The learned Counsel for the petitioner submits, that in addition to performance guarantee, contractual penalty was also forfeited by the respondent. Thereafter, a show cause notice dated 25.09.2025 proposing disciplinary action against the petitioner. The petitioner submitted a detailed reply thereto vide letter dated 04.10.2025.

7. Subsequently, the respondents proceeded to pass the impugned communication dated 25.11.2025, debarring the petitioner from the contractors enlistment for a period of six months, which, according to the petitioner, has the effect of preventing him from participating in tenders of CPWD/PWD and other Government organisations.

8. The learned counsel for the petitioner further submits that the petitioner participated in a tender process on 20.12.2025, and upon rejection of his bid on 24.12.2025, the petitioner became aware of the impugned debarment order dated 25.11.2025. He submits that the petitioner is otherwise eligible and seeks permission to participate in ongoing and forthcoming tenders, including a tender proposed to be floated on 03.01.2026, pending adjudication of the present petition.

9. I have heard the counsel for the petitioner and considered the submissions made.

10. Issue notice.

11. At this stage, to allow the petitioner to participate in the tender process which is proposed to be floated on 03.01.2026 would, in effect, amount to allowing the relief prayed in the writ petition and deciding the matter on merits, which is impermissible at the interim stage.

12. In these circumstances, let notice be issued to the respondents through all permissible modes, returnable on 19th January, 2026, before the Roster Bench.