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Showing contexts for: theme engineering in M/S Highways Engineering Consultant vs National Highways And Infrastructure ... on 20 October, 2023Matching Fragments
21. At this stage, it would be pertinent to refer to the finding returned by Respondent No.1 at paragraph 8 (b) of the impugned order referring to a notice of 04.01.2023 pertaining to deficient work noticed at Km. 464.750.
21.1. Firstly, the issuance of notice on 04.01.2023 is a fact, whichhas occurred subsequent to issuance of SCN dated 15.10.2022 and, therefore, could not have been a ground in the impugned order, which was passed in furtherance to the said SCN, in view of the judgment of this Court in Theme Engineering Services Pvt. Ltd. v. National Highway Authority of India, 2023 SCC OnLine Del 3056, relevant portion whereof reads as under:
21.3. Similarly, the finding returned by Respondent No.1 at paragraph 8
(c) cannot be a ground in the impugned order, since the allegation forming basis of the finding does not find any mention in the SCN.
22. The Petitioner has contended that the findings in the impugned order is based on the deployment of personnel between October, 2022 and February, 2023. In this regard, the attention of this Court is drawn to the findings at paragraph 8 (a) and 9 (ii) of the impugned order. The Petitioner states that no EoT has been granted till date for the period beyond 31.12.2022. The Petitioner states that since the period from October, 2022was not the subject matter of the SCN dated 15.10.2022, no debarment can be premised on the said period in view of the judgment passed in Theme Engineering Services Pvt. Ltd.(Supra).
Further, as noted above for the period of January and February, 2023, the Respondent No. 1 has failed to grant an EoT and for this additional reason it cannot rely upon the said period for issuing the debarment order.
22.5. In view of the law settled by this Court in Theme Engineering Services Pvt. Ltd. (Supra), the findings at paragraph 8 (a) (b) (c) and 9 (ii) of the impugned order are liable to be struck down as admittedly the allegations in this regard did not form the part of SCN and actually, pertain to facts which came into existence after the issuance of the SCN.