SC: Disciplinary Proceedings Cannot Follow if an Officer is Discharged on the Same Charge  ||  SC Clarified the Distinction Between Arbitration “Seat” And “Venue” While Summarising Key Principles  ||  Supreme Court: Wife and Her Family Cannot Be Prosecuted For Dowry-Giving Based On Her Complaint  ||  SC: Plaint Cannot Be Rejected Under Order VII Rule 11 CPC on the Ground of Order II Rule 2 Bar  ||  Supreme Court Has Issued an SOP Prescribing Strict Timelines For Filing Legal Aid Appeals  ||  Madras HC: Dhurandhar 2 Release Cannot be Stalled Due to Objections From a Small Section  ||  Delhi HC: Lokpal May Form Prima Facie Opinion Before Show Cause Notice Without Prior Hearing  ||  Bom HC: Family Courts Cannot Casually Order a Spouse’s Medical Examination to Assess Mental Health  ||  Bombay HC: Child Care Leave Protects Motherhood and Denial Violates Rights of Mother and Child  ||  Supreme Court: Amalgamating Company Loss Cannot be Set Off Against Amalgamated Income    

M/s Singh Caterers & Vendors & Anr. v. Indian Railways Catering And Tourism Corporation Ltd. - (High Court of Delhi) (20 Mar 2017)

For every minor irregularity, a tender is not to be cancelled

MANU/DE/0774/2017

Contract

Present writ petition has been filed challenging termination letter passed by Respondent-IRCTC terminating temporary license awarded to Petitioners for management of On Board Catering Services in Train on ground that, Petitioners had failed to accept award of temporary license and had not paid the security deposit and license fee within stipulated time. Respondent in terms of Clause 4.8 of tender document also debarred Petitioners from participating in future projects of Respondent, IRCTC for a period of one year and forfeited Standing Earnest Money Deposit (SEMD) of Rs.3 lakhs.

High Court is of view that cutting/overwriting in present case is not a violation of a mandatory condition and is not material as there is no ambiguity or discrepancy in bid amount. Petitioners bid despite cutting/overwriting clearly mentions the revised bid amount. In fact, revised bid amount has been mentioned clearly both in figures and in words.

It is settled law that for every minor irregularity, a tender is not to be cancelled. Petitioners cannot make a virtue out of their own mistake. However, High Court is in agreement with the learned counsel for Petitioners that punishment of debarment for a period of one year is not proportionate, especially keeping in view fact that the petitioners have been an empanelled contractor/caterer with Railways and is at the moment serving another train by way of On Board Catering Services.

The concept of proportionality of punishment is not unknown to law. The Supreme Court in Kulja Industries Limited vs. Chief General Manager, Western Telecom Project Bharat Sanchar Nigam Limited & Ors., has held permanent debarment from future contracts for all times to come may sound too harsh and heavy a punishment to be considered reasonable. Consequently, the punishment of debarment of Petitioners in the peculiar facts of present case is reduced to nine months w.e.f. 26th September, 2016.

Relevant : Kulja Industries Limited vs. Chief General Manager, Western Telecom Project Bharat Sanchar Nigam Limited & Ors

Tags : TEMPORARY LICENSE   TERMINATION   VALIDITY  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved