Jwl Kovis India Private Limited And ANR v. Union Of India And ORS.

23.06.

Ct. No. 14 Ab

IN THE HIGH C0URT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE.

WPA 11566 of 2025 JWL Kovis India Private Limited and another Vs.

Union of India and others.

--------------- Mr. Bikash Ranjan Bhattacharya, Sr. Adv.

Mr. Debjit Mukherjee, Mr. P. Jana, Mr. A. Banerjee, Mr. S. Mitra.

... for the petitioners.

Mr. Sukumar Bhattacharyya, Mr. Shaunak Ghosh.

... for the respondents.

1. The petitioners challenge the show-cause notice being no. 2025/LS/54/03 dated 30th April 2025 whereby the petitioners have been show-caused as to why the petitioners will not be debarred from the participation in any recruitment process under the Ministry for a period of six months.

2. By a corrigendum dated 4th June 2025, the period of six months' debarment has been raised to a period of two years.

3. The petitioners contend that the show-cause notice is absolutely contrary to the Make in India policy which is followed by the respondent authority.

4. Learned Advocate representing the respondents submits that none of the legal rights of the petitioners has been infringed by issuance of the show-cause notice.

5. Upon hearing the parties it appears that the petitioners have approached the Court at the showcause stage. No punishment has yet been imposed upon the petitioners. The initial show-cause notice dated 30th April 2025 mentioned that if any

representation is made by the petitioners, the same will be considered provided it is made within a period of thirty days.

6. As the period of debarment has been extended by issuing a corrigendum to the show-cause notice on 4th June 2025, this Court is of the opinion that the petitioners should raise the issue before the authority concerned. At this stage, the petitioners have not suffered any wrong.

7. In view of the above, the instant writ petition is disposed of by observing that it will be open for the petitioners to file a representation/response to the show-cause notice dated 30th April 2025 and the corrigendum dated 4th June 2025.

If the representation is made within a period of thirty days from the date of receipt of the corrigendum (20th June 2025), the same shall be considered by the authority in accordance with the prevailing rules and regulations/guidelines.

An opportunity of hearing shall be granted to the representative of the petitioners. The issue as to whether the debarment order can be passed contrary to Rule 151 of the General Financial Rules, 2017 shall also be decided by the authority.

8. The reasoned order, which will be passed in the matter, shall not be given effect to for a period of two weeks after the same is communicated to the petitioners.

9. It is made clear that this Court has not entered into the merit of the allegation of the petitioners and all points are left open to be decided by the competent authority of the respondent authorities at the time of consideration of the response to the show cause to be filed by the petitioners.

10. All parties are to act on the server copy of this order duly downloaded from the official website of this

Court.

11. Certified copy of this order, if applied for, shall be made available to the parties.

(Amrita Sinha, J.)