AVIJANTRIK INFRATECH PVT. LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) The extraordinary powers conferred by Article 226 of the Constitution of India is sought to be invoked by means of this petition wherein the petitioner has put to challenge an order dtd. 29/10/2021 by which a decision of the Railway Board has been conveyed. The said decision pertains to banning the business dealings with a Joint Venture of which the petitioner is a constituent for a period of 5 years. The petitioner alleges that the aforesaid action is bad in law as the same has been issued without following the due process of law. The petitioner has specifically pleaded that there has been violation of the principles of natural justice.

(2.) Before going to the issue to be decided, it would be beneficial to record the facts of the case in brief.

(3.) As per the projected case of the petitioner, a Notice Inviting Tender (NIT) was issued on 27/6/2019 by the Chief Engineer/Con-V. In response to the same, the petitioner with another entity as Joint Venture (JV) had submitted the bid along with all requisite documents. After completion of the tender process, the work was however, allotted to a third party. Thereafter, two further tender notices were issued on 15/3/2021 and 1/7/2021 for different works. In the meantime, a show-cause notice dtd. 11/8/2021 was served upon the petitioner leveling certain charges with regard to the tender notice dtd. 27/6/2019.