Naveen Jain v. The Postgraduate Institute Of Medical Education And Research (Pgimer) And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-21618-2017 (O&M) Date of decision:- 10.01.2018 Naveen Jain

...Petitioner

Versus

The Postgraduate Institute of Medical Education and Research (PGIMER), Sector 12, Chandigarh through its Director and others

...Respondents

CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, CHIEF JUSTICE HON'BLE MR. JUSTICE AVNEESH JHINGAN Present:- Mr. Rahul Sharma-I, Advocate, for the petitioner.

Mr. Rajesh Garg, Senior Advocate, with Ms. Nimrata Shergill, Advocate, for respondents No. 1 to 3.

Mr. Arpan Sabharwal, Advocate, for respondent No. 4.

* * * * S.J. VAZIFDAR, C.J. (ORAL) The petitioner does not wish to challenge award of the tender in favour of the private respondent No. 4. The petitioner has, however, challenged a communication dated 14.09.2017 issued by the official respondents apprehending that the same constitutes an order of blacklisting.

2.

The letter does not blacklist the petitioner. It merely states that if the petitioner fails to occupy the cafeteria within the stipulated time, he would be barred for two years and his earnest money would be forfeited in terms of clause 10 of the tender document. The letter is only an Amodh Sharma 2018.01.10 16:34 I attest to the accuracy and integrity of this document Chandigarh

CWP-21618-2017 (O&M) intimation of what the official respondents may do in the event of the petitioner not fulfilling his obligations. 3.

In these circumstances, the petition is disposed of with liberty to the petitioner to challenge any proceedings for blacklisting, if adopted by the respondents.

4.

The petitioner has also challenged the forfeiture of the earnest money. If a decision is taken for forfeiture, the petitioner is at liberty to challenge the same as well. (S.J. VAZIFDAR) CHIEF JUSTICE (AVNEESH JHINGAN) JUDGE 10.01.2018 Amodh Whether speaking/reasoned Yes/No Whether reportable Yes/No
Amodh Sharma 2018.01.10 16:34 I attest to the accuracy and integrity of this document Chandigarh