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2022 Supreme(Online)(JHK) 1556

HIGH COURT OF JHARKHAND
FOOD CORPORATION OF INDIA THROUGH ITS GENERAL MANAGER REGION AMIT BHUSHAN – Appellant
Versus
ANKUSH AGGARWAL – Respondent


O R D E R

28th June 2022 Per Shree Chandrashekhar, J.

By an order dated 13th June 2018, W.P(C) No.2254 of 2018 challenging the order of termination of contract and debarment for five years was allowed.

2. Food Corporation of India (in short, FCI) has questioned

legality of the findings recorded by the writ Court that (a) clause 7(i)(a) of NIT is not mandatory and (b) the order of debarment was bad in law inasmuch as no notice/opportunity of hearing was afforded to the writ petitioner who is respondent before us.

3. At the outset, we may indicate that pursuant to the writ

Court's order dated 13th June 2018 passed in W.P(C) No.2254 of 2018 the respondent was permitted to carry on the work under contract for 24 months and payments have been made to him in lieu thereof.

4. A tender notice was issued on 11th January 2018 for appointment of HTC Contractor for handling and transportation work between RH Madhupur to PEG Giridih – both sides – and for handling work at RH Madhupur and at inside PEG Giridih. The respondent was declared successful bidder and Letter of Acceptance dated 28th February 2018

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