BASANT GOEL Vs. UNION OF INDIA

JUDGEMENT

(1.) The present Writ Petition challenges the Order dtd. 31/5/2023, passed by the Respondent No. 3 herein, terminating the Contract Agreement dtd. 19/8/2020, entered into between the Additional Director, CGHS (HQ) and M/s Goel Medicos against Tender ID No. 2020_DGHS_555011_1 for supply of indented medicines to the CGHS Wellness Centres at Sonipat, and the forfeiture of the Performance Bank Security of Rs.12,10,000.00and also debarring M/s Goel Medicos from participating in any tender or award of contract in any tender published by the CGHS pan India or continuation of any contract with CGHS for a period of two years.

(2.) Shorn of unnecessary details, the facts, leading to the present Writ Petition are as under:

(3.) Mr. Vivek Sood, learned Senior Counsel appearing for the Petitioner, has focused his argument only on that portion of the impugned order by which the Petitioner herein has been debarred from participating in the tenders/contracts floated by the CGHS pan India for a period of two years from the date of the impugned Order or for continuation of any contract entered by M/s Goel Medicos with CGHS for the same period. He has drawn the attention of this Court towards the show cause notices and has submitted that in the show cause notices, the Petitioner has only been asked to show cause as to why the contract agreement dtd. 19/8/2020 should not be terminated and the Performance Security of Rs.12,10,000.00should not be forfeited. He submits that the Order by which the Proprietorship concern of the Petitioner herein has been debarred from participating in the tenders floated by the CGHS pan India for a period of two years is unsustainable in the absence of any mention about the same in the show cause notice.