Petitioner challenged rejection of earnest money deposit due to debarment for previous non-performance. Court held debarment for specific division applies and no discretion to accept deposit. Writ petition dismissed pending applications disposed.
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versus
NEW DELHI MUNICIPAL COUNCIL THROUGH ITS SECRETARY ..... Respondent Through: Mr. Anil Grover, Standing Counsel with Ms. Noopur Singhal and Mr.Mishal Vij, advocate for NDMC.
CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE JYOTI SINGH
G.S. SISTANI, J. (ORAL)
WPCN 6757/2019
Page 1 of 5
“4. Xxx xxx xx (a) Because of deficiencies and nonperformance on the part of petitioner Firm observed during the "Third International Yoga Day Celebrations 2017", the petitioner firm was debarred from New participation in Tender/NIQ-QCM floated by the department for three events under approval of competent
WPCN 6757/2019
Page 2 of 5
authority i.e. Chief Engineer (Electrical), NDMC. The decision was conveyed to the petitioner firm by the then Executive Engineer (BM-I) Electrical vide letter No. D/763/EE(E)BM-l dated 01.06.2018. Copy of letter No. D/763/EE(E)BM-l dated 01.06.2018 issued by the then Executive Engineer (BM-I) Electrical, NDMC is annexed herewith as Annexure-A/1. The petitioner has not filed the copy of said letter deliberately.
(a)
Accordingly, the Petitioner Firm was not permitted to participate in the tender dated 08.06.2018 floated for Celebration of 4th International Yoga Day, 2018 and EMD in the form of FDR was not accepted from petitioner firm as done in present case also.”
WPCN 6757/2019
Page 3 of 5
“As you aware that Department has already conveyed about your aforesaid work performance that the quality of work and service was not satisfactory and your representative was not support and pick up the phone as well as walky-talky and also leave the site/function without any information during execution of work of VVIP Event held on the occasions of celebration of 4th International Day of Yoga 2018. During event the all system got collapse in Connaught Place, except main Venue.
Therefore under the approval of competent authority, your firm is being debar from the participation in Tender/NIQ/QCM floated by department for three events.”
WPCN 6757/2019
Page 4 of 5
not the decision. [See Tata Cellular v. Union of India, 1994 (6) SCC 651].
G.S.SISTANI, J
JYOTI SINGH, J
JULY 09, 2019
pkb
WPCN 6757/2019
Page 5 of 5
2 issues framed by the court
Whether the High Court should interfere with the respondent's decision not to accept the petitioner's earnest money deposit due to the petitioner's debarment.
Whether the petitioner's three-event debarment period expires after non-participation in events organized by a different division.
Colour shows how this judgement treated each authority
Tata Cellular v. Union of IndiaReferred¶32
Tata Cellular v. Union of India, 1994 (6) SCC 651 · Who else cites this
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As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
