Mahender Aggarwal v. Aiims (All India Institute Of Medical Sciences) & ANR.

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAHENDER AGGARWAL ..... Petitioner Through:

Mr. Saumitri Pradhan and Mr. Vivek Chaurasia, Advocates.

versus AIIMS (ALL INDIA INSTITUTE OF MEDICAL SCIENCES) & ANR.

..... Respondents Through:

Ms. Sonali Malhotra and Ms. Nidhi Narwal, Advocates for AIIMS.

Mr. Vivek Goyal, CGSPC with Mr.

Gokul Sharma, Advocate for UoI.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 06.02.2024 1.

The Petitioner seeks to challenge the communication dated 16.09.2020 issued by the Respondent debarring the Petitioner for a period of two years from participating in any tenders at AIIMS. 2.

Material on record discloses that a tender was floated by the Respondent/AIIMS for purchase of syringe infusion pumps. The Petitioner, Mahender Aggarwal, is the sole proprietor of M/s Bhagat Jee & Sons and M/s Toptex Woollens. Both the proprietorship concerns made a bid for the tender. There are, therefore, two bids of the same proprietor. 3.

Stating that the bid was contrary to the terms and conditions of the tender, a show cause notice dated 05.01.2018 was issued to the Petitioner. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The show cause notice reads as under:- 4.

The show cause notice does not indicate that an Order of debarment The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

would be passed against the Petitioner and the Petitioner cannot bid in future tenders floated by the Respondent.

5.

The short contention raised by the learned Counsel for the Petitioner that an Order of debarment cannot be passed without a show cause notice and, therefore, the Debarment Order is bad in law. The Petitioner places reliance on the judgment passed by the Apex Court in Gorkha Security Services v. Govt. Of NCT of Delhi, (2014) 9 SCC 105. 6.

In view of the above, since there is no show cause notice indicating that the Petitioner would be debarred from participating in future tenders, the Order of debarment is set aside.

7.

It is always open for the Respondent to issue a fresh show cause notice indicating that the Petitioner would be debarred from participating in future tenders in view of the violations of tender conditions and pass appropriate orders after issuing the show cause notice. 8.

It is made clear that it is always open for the Petitioner to raise all contentions available to him in reply to the show cause notice. 9.

The fact that the Petitioner has already undergone two years of debarment be kept in mind by the Respondent/AIIMS while issuing a fresh show cause notice.

10.

The petition is disposed of along with pending application(s), if any. SUBRAMONIUM PRASAD, J FEBRUARY 6, 2024 hsk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.