HIGHWAYS ENGINEERING CONSULTANT Vs. NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED

JUDGEMENT

(1.) The instant writ petition has been preferred assailing the order dtd. 6/4/2023 ('Impugned Order') passed by the Executive Director (T) of Respondent No. 1 i.e., National Highways and Infrastructure Development Corporation Ltd. (hereinafter 'NHIDCL') declaring the Petitioner as a 'Non-Performer' and consequently, barring it for a period of one (1) year from participating in future bids to be undertaken by Respondent No.1, NHIDCL, and all centrally sponsored road projects,in terms of the circular bearing file no. RW/NH-33044/76/2021-S&R (P&B) and dtd. 7/10/2021, issued by the Ministry of Road Transport and Highways ('MoRTH").

(2.) Concededly, the punitive action of debarring the Petitioner was taken on the ground that the Petitioner has breached the terms of the contract for supervision consultancy services ('the contract') executed with Respondent No.1, NHIDCL. The Petitioner, however, disputes this allegation. It is the Petitioner's case that the action of debarment is arbitrary, unreasonable and disproportionate to the allegations made against it.

(3.) Brief facts leading to filing of present petition are as under: