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High Court of DelhiW.P.(C)/8897/2023

Dilip Kumar Singh v. National Highways And Infrastructure Development Corporation Ltd. And ORS.

2024-05-14Hon'Ble Mr. Justice Subramonium Prasad2 pages

$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8897/2023 & CM APPLs. 33623/2023, 53563/2023 DILIP KUMAR SINGH ..... Petitioner Through:

Mr. Surya Prakash, Mr. Rohit Job Zachariah and Ms. Kawalpreet Kaur, Advocates.

versus NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. AND ORS.

..... Respondents Through:

Mr. Sangram Patnaik, Mr. Sohel Rishabh and Ms. Swayam Sidha Patnaik, Advocates for R-1.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 14.05.2024 1.

The Petitioner has approached this Court challenging the Order dated 16.11.2022 passed by the Respondents debarring the Petitioner from participating in any tender issued by the Respondents for a period of two years.

2.

Undisputedly, the Impugned Order of Debarment has been passed without giving a show cause notice to the Petitioner informing the Petitioner of the possibility that the Petitioner would be debarred. The action of the Respondents is, therefore, completely contrary to the law laid down by the Apex Court in Gorkha Security Services v. Government (NCT of Delhi) and Ors., (2014) 9 SCC 105.

3.

In view of the above, the Impugned Debarment Order dated The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 23:37:40

16.11.2022 is set aside. It is always open for the Respondents to take appropriate steps in accordance with law.

4.

As far as the challenge to the termination letter dated 09.08.2021 is concerned, liberty is granted to the Petitioner take appropriate steps in accordance with law.

5.

With these observations, the writ petition is disposed of, along with pending application(s), if any.

SUBRAMONIUM PRASAD, J MAY 14, 2024 S. Zakir The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 23:37:40