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M. NAGAPRASANNA
Cap A Pie, Represented By Its Proprietor, Bhupeshkumar, S/o jagadishchandrashah – Appellant
Versus
South Western Railways, Represented By Sr. Divisional Mechanical Engineer – Respondent
ORDER :
The petitioner is before this Court calling in question the notice dated 10.11.2022 terminating the contract of the petitioner and seeks a consequential direction to permit the petitioner to execute the work in terms of the contract dated 17.10.2022.
2. Heard Sri. Girish V. Bhat, learned counsel appearing for the petitioner, Sri. B.S. Venkatanarayana, learned counsel appearing for the respondent and perused the materials on record.
3. Shorn of unnecessary details, facts in brief are as follows:
The petitioner is in the business of performing work of collection, washing and ironing of bedroll linen supplied to AC coach passengers in several trains coming under the respondent – South Western Railways. The respondent-South Western Railways issue a notice inviting tender for the aforesaid work which the petitioner is said to be performing on 24.05.2022. The petitioner participates in the said tender. On 17.10.2022 the respondent awards the contract in favour of the petitioner. In terms of the said order of award of contract, the petitioner requests permission to execute the work at M/s. Laundry Labs India Pvt. Ltd., which was not the one that was necessary in terms of the tender co
A blacklisting order requires a specific show-cause notice to uphold principles of natural justice; its absence renders the blacklisting illegal and arbitrary.
Blacklisting is a distinct administrative action from contract termination, carrying severe stigmatic and exclusionary consequences. It requires a specific, unambiguous show-cause notice and an indep....
The necessity of a specific show cause notice for blacklisting and the requirement to state the proposed action.
A show cause notice for blacklisting must be based on reasonable grounds and cannot be issued merely for breach of contract without substantial evidence of misconduct.
The necessity of a valid, particularised and unambiguous show-cause notice before passing an order of blacklisting or debarment.
The requirement for a fair hearing and a specific show cause notice before imposing the severe civil consequence of blacklisting, and the need for the authority to determine the period of punishment ....
Debarment from government tenders requires issuance of a Show Cause Notice stating intended action, ensuring compliance with principles of natural justice.
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