The Delhi High Court has temporarily halted a Public Works Department (PWD) debarment order against a contractor involved in the construction of judicial staff quarters. The court noted concerns about fairness and due process, staying the order until the next hearing and allowing the petitioner to respond.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: On 27th February, The Delhi High Court has intervened to stay a Public Works Department (PWD) order that barred a contractor involved in the construction of staff quarters for judicial officers in Rohini back in 2016.
According to the petitioner, the project commenced in 2014 and concluded in 2016. The defect liability period concluded in 2018. Surprisingly, after six years, a Show Cause Notice dated 14.02.2024, citing alleged faulty construction, was issued to the petitioner.
ALSO READ:Delhi High Court| Approves UCMS Control From Delhi University to Delhi Government
In response, Petitioner’s Counsel, Advocate Ankur Mahindro, raised concerns that the Show Cause Notice and the subsequent Debarment Order were both issued on the same day, violating the petitioner’s right to respond adequately to the allegations.
Advocate Mahindro emphasized-
“No opportunity has been given to the Petitioner to respond to the Show Cause Notice itself, and therefore, the same is violative of the law laid down by the Apex Court.”
Acknowledging these concerns, Justice Subramonium Prasad’s bench issued notices to the respondents, including PWD. The court observed that the petitioner had made a prima facie case in its favor.
As a result, the Debarment Order dated 14.02.2024 remains stayed until the next hearing. The court granted the petitioner the liberty to respond to the show cause notice during this interim period.
Advocate Ankur Mahindro, during arguments, highlighted that the debarment order lacked a proper opportunity for the contractor to respond, thereby undermining the principles of fairness and due process.
ALSO READ:Delhi court comes down heavily on Delhi police
He expressed-
“The debarment order was passed without granting the contractor a proper opportunity to respond, undermining the principles of fairness and due process. A show cause notice was purportedly issued, but it served more as a facade rather than a genuine attempt to engage.”
The court has directed the Respondent (PWD) to pass further orders in accordance with the law before the next scheduled hearing.
ALSO READ: Delhi Court Criticizes Delhi Police for Incorrectly Grouping Riot Complaints