Vs. Government (NCT of Delhi) & Ors.,
(2014) 9 SCC 105); Joseph Vilangandan vs. The Executive Engineer, (PW)
Ernakulam and others, (1978) 3 SCC 36)). Thus, blacklisting operates qua a |
particular party against whom a decision is taken by a tendering authority to
blacklist such party, by following a due procedure in law.
- 14) In UMC Technologies Private Limited v. Food Corporation of India and
Another (2021) 2 SCC 551, similar issue came up for consideration. The terms of
tender conditions were identical to the conditions in the instant case. In the said
case also the Appellant was declared as a successful bidder and was appointed
as a contractor for a period of two years for undertaking the tender work of
conducting recruitment of watchman for the Corporation. On 01.04.2018, the
appellant conducted a written exam for 'eligible aspirants for the post of
watchman. However, on the same day, a Special Task Force of Bhopal Police,
'arrested 50 persons in Gwalior, who were in possession iof certain handwritten
documents which prima facie appeared to be the question papers related to the
examination conducted by the appellant. Upon receipt of the above information,
the Corporation issued a show cause notice dated 10.04.2018 to the appellant
informing the appellant about the said arrest and seizure of documents which
appeared to contain question papers related to the examination conducted by the
appellant. The appellant was directed to furnish an explanation within 15 days,
failing which an appropriate ex-parte decision would be taken by the Corporation.
The appellant replied to the said notice on 12.04.2018 enclosing the necessary
" !
documents.