Sunday, August 21, 2022

Contractor Cannot Be Blacklisted For Life; Blacklisting Order Without Specifying Period Unsustainable : Supreme Court

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Award of tender - Contractor cannot be blacklisted for life -One cannot be blacklisted for life. The order of blacklisting to the extent that it has not specified the period cannot be sustained.



The Supreme Court recently observed that a contractor cannot be blacklisted for life.

"One cannot be blacklisted for life. The order of blacklisting to the extent that it has not specified the period cannot be sustained", observed a bench comprising Justices Hemant Gupta and Vikram Nath.

Though the contractor approached the Allahabad High Court, no relief was granted. In further appeal, the Supreme Court interfered with the blacklisting order to the extent it did not specify the period.

"Since the order was passed way back in 2013 and the writ petition was dismissed on 05.09.2018, we deem it appropriate to exercise the powers under Article 142 of the Constitution to pass an order of blacklisting the appellant for a period of five years from the date the order was passed", the Court observed.

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