W.P.(C)/9223/2025 of MOHD JUNED KHAN Vs DELHI DEVELOPMENT AUTHORITY AND ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI+ W.P.(C) 9223/2025 and CM APPL.39170/2025 MOHD JUNED KHAN .....Petitioner MOHD JUNED KHAN .....Petitioner

Through: Mr. Vidhan Vyas and Mr. Syed Haider Shah, Advs. Haider Shah, Advs. versus

DELHI DEVELOPMENT AUTHORITY AND ANR.

.....Respondents

Through: Ms. Prabhasahay Kaur, SC, Mr. Aditya Verma and Ms. Kavya Shukla, Advs. for DDA.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTAO R R23.07.2025

1.The present petition assails debarment order dated 04.06.2025, issued by the DDA. The same reads as under:

“Delhi Development Authority (Office of the Secretary (CRB) Contract Registration Board 1[st] Floor, Vikas Minar, New Delhi-110002

F4(8)66/06/2021/III(Civil)/CRB/DDA/229 Date: 04.06.2025

OFFICE ORDER

Sub: Debarment for two year from e-procurement/e-tendering in DDA in respect of “Mohd. Juned Khan, 3692/14, Street Thane Wali, Roshanara Road, Delhi-110007.

Whereas it has been informed that FIR vide No.RC0032025A0285 dated 15.04.2025 has been registered by CBI against the contractor Mohd. Juned Khan regarding criminal conspiracy and cheating under section 7 of PC Act and Section 61 (2) r/w 318(4) of BNS 2023. In the above said FIR, “Mohd. Juned Khan is learnt to have submitted fake and forged receipts/Challans of MCD at DDA for dumping Malba/MSW at designated dumping site of MCD in certain tenders of

Horticulture Department/DDA”.

Whereas, show cause was issued vide No.F4(8)66/06/2021/III(Civil)/CRB/DDA/194 dated 09.05.2025. The show cause was replied by Mohd. Juned Khan vide letter dated 16.05.2025. further, personal hearing was given to contractor Mohd. Juned Khan on dated 27.05.2025 as requested vide letter dated 16.05.2025.

Considering the above facts, I Amit Singh, Secretary (CRB), DDA as per the decision of empowered committee hereby debarring “Mohd. Juned Khan, address: 3692/14, Street Thane Wali, Roshanara Road, Delhi-110007, for period of two years with immediate effect.

Therefore, the agency “Mohd. Juned Khan, 3692/14, Street Thane Wali, Roshanara Road, Delhi-110007” enlisted contractor of DDA is hereby debarred from e-procurement/e-tendering in DDA for two years from the date of issue of this order.

(Er. Amit Singh) Secretary (CRB)/DDA

Mohd. Juned Khan 3692/14, Street Thane Wali, Roshanara Road, Delhi-110007”

2.Learned counsel for the petitioner submits that bare reading of the

aforesaid order reveals that the debarring is predicated on report of the ‘Empowered Committee’. It is submitted that the copy of the report/ decision of the Empowered Committee was never provided to the petitioner even though reliance has been placed on the same for the purpose of debarring the petitioner.

3.The non supply of the report of the Empowered Committee is admitted by learned counsel appearing for the respondent.

In the circumstances, it is evident that the impugned order has been

passed in denial of the principles of natural justice.

5.In the circumstances, the same is set aside. However, liberty is granted to the respondent to issue fresh show cause notice to the petitioner along with copy of the decision of Empowered Committee, sought to be relied upon. The petitioner would be at liberty to reply thereto and would also be entitled to an opportunity of hearing. It shall be open to the petitioner to pass reasoned order thereafter, taking into account all relevant facts and circumstances, and in accordance with law.

6.Let the aforesaid exercise be completed as expeditiously as possible.

7.The petition is disposed of in the above terms.

JULY 23, 2025/cl

SACHIN DATTA, J