C. M. POONACHA
Ramsons Garment Finishing Equipments Pvt. Ltd. , Represented By Its Country Manager (Laundry Division) And Authorised Signatory Mr. Mukesh Kantilal – Appellant
Versus
Government Of India, Ministry Of Railways (Railway Board), Represented By Its Director Railway Stores (M) – Respondent
ORDER :
The present Writ Petition is filed challenging the Communication bearing No.2012/LS/54/3, dated 03.07.2013, issued by the Respondent No.1.
2. Brief facts of the case are as follows: The Petitioner is engaged in the manufacturing of modern laundry and dry cleaning equipment, having clients across India and overseas, both in the private and public sector. The Petitioner was the successful tenderer/bidder pursuant to the Tender Notification dated 15.3.2010 issued by the Respondent No.2 and accordingly was issued the purchase order dated 10.05.2010. It is the contention of the Petitioner that the said order was implemented to the satisfaction of the Respondent No.2.
3. The Respondent No.1 had issued a Memorandum dated 30.10.2012 notifying various malpractices/irregularities which the Petitioner was charged with and a detailed Statement of Charge/misconduct was enclosed along with the said Memorandum. It was also notified about the proposal to ban the business dealing of the Petitioner with the Indian Railways for a period of 5 years. Vide the said Memorandum, an opportunity of showing cause against the proposed action taken was also notified to the petitioner.
4. In reply to the sa
M/s Erusian Equipment & Chemicals Ltd., v. State of West Bengal and another
UMC Technologies Private Limited v. Food Corporation of India and another
Mekaster Trading Corporation v. Union of India (UOI) and ors
Jagdish Mandal v. State of Orissa and Others
Patel Engineering Ltd., v. Union of India
The requirement of giving reasons, adherence to principles of natural justice, and fairness in administrative actions, especially in cases of blacklisting or imposing penalties, is essential for a va....
The main legal point established in the judgment is the requirement for a fair hearing, specific show cause notices, and proportionate punishment before imposing blacklisting in government contracts.
The main legal point established in the judgment is the requirement for a clear mention of the proposed blacklisting action in the show cause notice, as well as the need to adhere to principles of na....
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 ....
Blacklisting an entity without providing notice and an opportunity for hearing violates the principles of natural justice and renders the decision invalid.
The judgment emphasizes the importance of fair play, natural justice, non-discrimination, equality, reasonableness, and proportionality in the process of blacklisting, and the need for a valid, parti....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.