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P. B. BAJANTHRI, ARUN KUMAR JHA
JDM Engineering and Construction Pvt. Ltd. – Appellant
Versus
State of Bihar – Respondent
ORDER
Heard learned counsel for the parties.
2. In the instant petition, petitioner has prayed for the following reliefs:—
"(i) To issue an appropriate Writ(s), Order(s) or Direction(s) to the respondent authorities to quash the office order dated 11.05.2023 contained in memo no. 111 whereby the petitioner's bid in NIT No. 10/2022-23 at serial no. 8 has been rejected on the ground that the petitioner has been blacklisted for a period of 10 years without issuance of any show cause notice or providing any opportunity of hearing;
(ii) That in the alternative and without prejudice to the petitioner's right, to issue an appropriate Writ(s), Order(s) or Direction(s) to the respondent authorities to declare that the blacklisting order dated 11.05.2023 contained in memo no. 111 is unrelated/unconnected to the petitioner company which is a separate legal entity to JMD Engineering and
Construction Private Ltd., and that therefore bids submitted by the petitioner cannot be rejected on the ground that JMD Engineering and Construction Private Ltd. has been blacklisted;
(iii) To issue an appropriate Writ(s), Order(s) or Direction(s) to the respondent authorities for providing the petitioner with an op
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.
Blacklisting an entity without providing notice and an opportunity for hearing violates the principles of natural justice and renders the decision invalid.
The court emphasized the need for strict observance of the principles of natural justice before passing an order of blacklisting and highlighted the requirement of a valid, particularised, and unambi....
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....
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