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SANJAY KAROL, PARTHA SARTHY
Abha Chaudhary, Proprietor of the Firms Ganpati Drugs – Appellant
Versus
State of Bihar through Principal Secretary, Health Dept, Govt. of Bihar, Patna – Respondent
JUDGMENT :
1. Heard learned counsel for the parties.
2. Petitioner has prayed for the following relief(s):-
3. Having heard learned counsel for the parties, we are of the considered view that the impugned order dated 09.11.2021, passed by respondent no.4, namely the Superintendent, Nalanda Medical College and Hospital, Patna, (Annexure-18, page 46) needs to be quashed, for even though th
Violation of principles of natural justice and absence of proof of notice to show cause can lead to the quashing of an order.
The lack of procedural fairness, including the absence of proof of notice to show cause, can lead to the quashing of administrative orders with civil and penal consequences.
Indefinite blacklisting without defined duration and proper procedural fairness is arbitrary, violating natural justice principles and requiring a clear basis for such action.
The main legal point established in the judgment is the requirement for fairness, relevance, natural justice, non-discrimination, equality, reasonableness, and proportionality in blacklisting decisio....
Point of law : Before proposing to pass a black listing order or debarring orders the parties had to be given hearing followed by an appropriate reasoned order.
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.
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