Delhi High Court
Sarvesh Security Services ... vs The Comptroller & Auditor General ... on 22 March, 2017
$~36
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 22.03.2017
W.P.(C) 2473/2017
SARVESH SECURITY SERVICES PRIVATE LIMITED
..... Petitioner
versus
THE COMPTROLLER &
AUDITOR GENERAL OF INDIA .... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr Arjun Mitra, Ms Aastha Jain and Ms Jaskaran Kaur
For the Respondent : Ms Biji Rajesh, Ms Eshita Baruah for Mr Gaurang Kanth
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 22.03.2017
SANJEEV SACHDEVA, J. (ORAL)
CM No.10704/2017 (exemption)
Allowed, subject to all just exceptions.
W.P.(C) 2473/2017 & CM No.10703/2017(stay)
1. Learned counsel for the petitioner submits that the main reason
for passing the impugned order of debarment for a period of five years
is the allegation that the petitioner was aware of the blacklisting order
passed by the Life Insurance Corporation (LIC) on 17.02.2015 and the
same was not disclosed at the time of the submission of the bid on
14.03.2015.
2. Learned counsel for the petitioner submits that the petitioner
was not aware of the blacklisting order passed by LIC, Muzaffarpur as
the said order was received much later.
3. Learned counsel for the respondent submits that the contention
of the petitioner, as borne out from various documents submitted by
the petitioner, was that the Delhi Office was not aware of the
blacklisting order and there is also a discrepancy in the date as to
when Delhi office became aware of the order because at one place,
they had stated that they became aware only in October, 2015 whereas
they had transmitted a copy of the order on 10.09.2015 to the
respondents.
4. Learned counsel for the respondents further submits that the
debarment order has been passed not only on the ground of non-
disclosure but also on account of other lapses.
5. Learned counsel for the petitioner submits that neither the Delhi
Office nor the Patna Office was aware of the blacklisting order by LIC
when the bid was submitted. He submits that an affidavit to the said
effect would be filed with the respondents. He further submits that the
blacklisting order issued by LIC has already been quashed.
6. Learned counsel for the petitioner submits that the other
grounds mentioned in the show-cause notice and as stated in the
impugned order do not entitle the respondent to debar the petitioner.
He submits that if the main reason for debarment (i.e. concealment of
blacklisting by LIC) is omitted, it would certainly affect and have a
bearing on the period of debarment.
7. Learned counsel for the respondent submits that in case the
petitioner files an affidavit, as indicated above, the respondents would
reconsider the debarment order of the petitioner with regard to the
issue of concealment and the effect thereof on the other lapses by the
petitioner.
8. In view of the above, the impugned order dated 27.07.2016 is
set aside, subject to the petitioner filing the affidavit, as indicated
above, with the respondents by tomorrow, i.e. 23rd March, 2017.
9. The respondents shall thereafter reconsider the case of the
petitioner and pass a fresh order in accordance with law, without
being influenced by anything stated in this order.
10. It is clarified that this Court has neither examined nor
commented upon the merits of the contentions of the petitioner as well
as of the reasoning given by the respondents in the debarment order
qua the other grounds.
11. Since the last date for submission of the bids for other tenders
of the respondents is stated to be 30.03.2017, as agreed by counsel for
the respondent, the respondent shall pass a fresh order on or before
29.03.2017, which shall be duly communicated to the petitioner
immediately on passing.
12. It is clarified that the petitioner would be at liberty to avail of
such remedies as may be available in law, in case the petitioner is
aggrieved by any order passed by the respondent.
13. The Writ Petition is disposed of in the above terms.
14. Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
MARCH 22, 2017
'Sn'
