IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.6334 of 2008 Date of decision: 20.10.2008 M/s Bhoglan Cooperative L&C Society. -----Petitioner Vs. Director, Local Bodies, Punjab. -----Respondent CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON'BLE MR JUSTICE L.N. MITTAL Present:- Mr. L.S. Bhangu, Advocate for the petitioner. Ms. Sudeepti Sharma, DAG, Punjab for respondent No.1. Mr. C.M. Sharma, Advocate for respondents No.2 to 4. ----- ORDER: This petition seeks quashing of decision taken by the Municipal Committee, Rajpura in its meeting held on 10.1.2008, debarring the petitioner for a period of 5 years from participating in tenders. Averments made in the petition are that the Municipal Committee, Rajpura floated tenders for allotment of some works. The tenders submitted by the petitioner were not being accepted for extraneous reasons. On account of this, the Municipal Committee C.W.P. No.6334 of 2008 passed resolution dated 10.1.2008 based on the report of the Municipal Engineer to the effect that the representative of the petitioner forcibly put the tenders in the box after the time was over. In the reply filed, the respondent Committee has disputed the averments made in the petition. We are of the view that the disputed question whether the petitioner submitted tender in time or beyond time cannot be gone into in summary jurisdiction under Article 226 of the Constitution. However, proportionality of action being part of Article 14 of the Constitution, even if the allegation is to be accepted, the action of debarring the petitioner for five years, will be grossly disproportionate to the allegation against the petitioner. In view of above, we partly allow this petition and modify the extent of period of debarring of the petitioner to the period which has already been gone by. The debarring of the petitioner in the impugned order will not have future effect. The petition is disposed of. ( ADARSH KUMAR GOEL ) JUDGE October 20, 2008 ( L. N. MITTAL ) ashwani JUDGE 2