Prathiba M. Singh,J. - (1.) The Petitioner is aggrieved by the blacklisting order dated 18th January, 2021 passed by Respondent No. 1 - New Delhi Municipal Council (hereinafter referred as NDMC ).
(2.) Bids were invited on 23rd November, 2017 from manufacturers and authorised distributors of Ayurvedic medicines. The Petitioner had submitted its bid along with the Earnest Money Deposit (hereinafter referred as EMD ), but withdrew the same on 29th December, 2017. The NDMC, however, found that the Petitioner had submitted laboratory reports which, according to it, were false, as per the information obtained from the laboratory. In view thereof, the first blacklisting order of the NDMC was passed vide its order dated 28th March, 2018, which blacklisted the Petitioner indefinitely and barred it from participating in the procurement of Ayurvedic Medicines of NDMC. The EMD was also forfeited, as per Clause 18 of the tender documents. This blacklisting order was challenged by way of a writ petition in WP (Civil) 3336/2018 titled Rhonpal Biotech Pvt. Ltd. v. New Delhi Municipal Council & Anr. The blacklisting order was set aside and remanded by the Court in the following terms: "The impugned order dated 28.03.2018 would stand withdrawn. However, it is made clear that the respondents would be at liberty to take appropriate action against the petitioner by issuing a fresh show cause notice and granting an opportunity to the petitioner to submit its explanation. The respondents would also give an opportunity of personal hearing to the petitioner s authorized representative and would be at liberty to pass a fresh order as deemed fit, on all grounds including the grounds taken in the impugned order."
(3.) This was followed by a show cause dated 25th April, 2018, issued by the NDMC by which the Petitioners were called upon to show cause as to why they should not be proceeded against in view of the false and fabricated test reports etc., On 9th May, 2018, the Petitioner filed its response to the said show cause notice. The second blacklisting order, dated 21st February, 2020, was then issued, by which the Respondent blacklisted the Petitioner for a period of 2 years with respect to all procurements of the NDMC and the forfeiture of the Petitioner s EMD was also confirmed.;