MANJU GUPTA vs MUNICIPAL CORPORATION OF DELHI

Judgment text excerpt

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 04.06.2025 + W.P.(C) 8390/2025 MANJU GUPTA .....Petitioner Through: Mr. Avinash Trivedi, Mr. Anurag Kaushik and Mr. Rahul Aggarwal, Advocates. versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Tushar Sannu, Standing Counsel for MCD with Mr. Parvind Bansal, Mr. Sourav Verma, Advocates and Mr. Atul Bhardwaj, Ex. Engineer, EMS. CORAM: HON'BLE MR. JUSTICE TUSHAR RAO GEDELA HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT (Oral) TUSHAR RAO GEDELA, J. CM APPL. 36522/2025 (for exemption) 1. Exemption allowed, subject to just exceptions. 2. Application stands disposed of accordingly. W.P.(C) 8390/2025 and CM APPL. 36521/2025 (stay) 3. The present writ petition has been filed under Article 226 of the Constitution of India. The short case of the Petitioner is that in violation of the sub clause 5(i) of Clause 7.5 of the Manual for Procurement of Works, 2022, which stipulates that an order for debarment passed, shall be deemed to have been revoked on the expiry of the specified period and it would not be necessary to issue a Signature Not Verified Digitally Signed By:HARVINDER KAUR W.P.(C) 8390/2025 Page 1 of 4 BHATIA Signing Date:05.06.2025 16:59:03 specific formal order of revocation, the Respondent has rejected the bid of the Petitioner on the ground that ‘the contractor’s suspension is not revoked till date’. 4. Learned counsel for the Petitioner submits that contrary to their own provision in the Manual for Procurement of Works, the aforesaid action has been taken vide the Tender Summary Report, uploaded on the E-Procurement Portal on 30.05.2025, in respect of Tender ID No. 2025_MCD_235067_1 and 2025_MCD_235067_2, submitted in furtherance of NIT NO. EE (EMS)/SZ/TC/2025-26/01 dated 09.05.2