Delhi High Court - Orders
National Highways Builders Federation ... vs Union Of India & Ors on 22 November, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~80
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 16110/2022
NATIONAL HIGHWAYS BUILDERS FEDERATION &
ANR. ..... Petitioners
Through: Mr. Maninder Singh, Sr. Adv.
with Mr. Vishrov Mukerjee,
Mr. Girik Bhalla, Mr. Raghav
Malhotra, Mr. Ajay Sabharwal
and Mr. Prabhas Bajaj, Advs.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Apoorv Kurup, CGSC with
Mr. Ojaswa Pathak, Ms.Damini
Garg, Advs. for UOI.
Ms. Madhu Sweta, Adv. for R-
3/ NHAI.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 22.11.2022 CM APPL. 50308/2022 (for exemption) Allowed, subject to all just exceptions.
The application shall stand allowed.
W.P.(C) 16110/2022, CM APPL. 50307/2022 (Interim Relief) & CM APPL. 50309/2022 (Lengthy Synopsis & List Of Date)
1. Notice. The respondent Nos. 1 and 2 which are duly represented by Mr. Kurup, learned CGSC, may file a reply within a period of four weeks. Learned counsel representing the third respondent may also file a reply within the aforesaid period. The petitioner shall have three weeks thereafter to file a rejoinder affidavit.
2. The Court takes note of the principal challenge which stands raised in the instant writ petition and which is directed against the Signature Not Verified Office Memorandum [O.M.] of 18 August 2022. That O.M. seems to Digitally Signed By:NEHA Signing Date:23.11.2022 17:24:46 clarify the provisions contained in Rule 151 (iii) of the General Financial Rules 2017 [GFR] by providing that an action of blacklisting or debarment need not await the conclusion of a criminal case or investigation in connection therewith. It provides that in case there be enough material to proceed, the implementing agency may consider invoking its right to blacklist or debar.
3. Mr. Singh, learned senior counsel appearing in support of the writ petition contends that the aforesaid clarification is ex-facie violative of the provisions of Rule 151 of the GFR, 2017 and would even otherwise fall foul of the Guidelines which have been framed and had been brought into force with effect from 02 November 2021. The matter requires consideration.
4. Let the matter be called again on 21.03.2023.
YASHWANT VARMA, J.
NOVEMBER 22, 2022 SU Signature Not Verified Digitally Signed By:NEHA Signing Date:23.11.2022 17:24:46