Vijay Sharma v. Food Corporation Of India

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9748/2024 and CM APPL.39966/2024 VIJAY SHARMA .....Petitioner Through:

Ms. Aditya Kapur, Adv.

versus FOOD CORPORATION OF INDIA .....Respondent Through:

Mr. Manoj and Ms. Aparna Sinha, Advs.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

O R D E R

1.

% 24.07.2025 The present petition has been filed by the petitioner assailing a communication received along with e-mail dated 03.07.2024 which reads as under:

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2.

Vide order dated 18.07.2024, it was inter-alia observed as under: "7.In light of the above, on a prima facie consideration of the submissions and the documents placed on record by 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 Court observes that the impugned undated communication issued by the Respondent, to the extent that it debars the Petitioner from participating in any future bids of the Respondent for 5 years, was issued without issuing a show cause notice or affording an opportunity to the Petitioner to put forth their stand and is thus in violation of the principles of natural justice.

8. Accordingly, till the next date of hearing, the directions for debarring the Petitioner from participating in any future tenders as directed in the impugned communication shall remain stayed." 3.

Learned counsel for the respondent accedes that the impugned action qua blacklisting / debarring the petitioner from participating in any future tender was taken without issuing a Show Cause Notice (SCN) or affording an opportunity of hearing to the petitioner.

4.

In the circumstances, the same is liable to be set aside in terms of the judgment of Supreme Court in Gorkha Security Services vs. Govt. (NCT of , (2014) 9 SCC 105. It is directed accordingly. Delhi) 5.

However, liberty is granted to the respondent to issue a fresh SCN to the petitioner, putting the petitioner to notice as to the action proposed to be taken against it and the rationale or basis thereof. 6.

It is agreed that the petitioner would be granted a reasonable period of time to file a reply thereto, and also be afforded an opportunity of hearing by the concerned officials of the respondent. The respondent would thereafter pass a reasoned order in case any action is proposed to be taken against the petitioner under due intimation to the petitioner. 7.

Needless to say, the same shall be subject to the legal rights and remedies of the petitioner.

8.

The petition is disposed of in the above terms. Pending applications also stand disposed of.

SACHIN DATTA, J JULY 24, 2025/cl The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.