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K. VINOD CHANDRAN, HARISH KUMAR
Naveen Kumar Son of Lilanand Jha – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
HONOURABLE MR. JUSTICE HARISH KUMAR
Heard Mr. Rama Kant Sharma, learned senior Advocate appearing on behalf of the petitioner and Mr. Anjani Kumar, learned senior Advocate for the Bihar State Food and Civil Supplies Corporation (herein after referred to as ‘Corporation’).
2. The petitioner by filing the present writ petition seek quashing of the order contained in Memo No. 2469 dated 03.12.2021 issued under the signature of respondent no. 5 whereby, the petitioner who was working as Transportation-cum-Handling Contractor is black listed for five years after rescinding the agreement with the forfeiture of the security deposit and bank guarantee. In addition to that a decision has also been taken to realize the loss of food grain to the tune of Rs. 2,30,594.28/-apart from a direction to restrain the petitioner from making use of his private vehicle for transportation in distribution of food grains in PDS shop.
3. At the outset, learned Senior Advocate for the petitioner submits across the Bar that during the pendency of the writ petition, the period of agreement has already been expired and the respondent Corporation has floated a fresh tender vide NIT No. 272 dated 27.01.2024
A show-cause notice in quasi-judicial proceedings must inform the noticee of the specific grounds for action and the potential consequences, ensuring compliance with the principles of natural justice....
The authority must provide a reasoned decision based on substantial evidence before imposing penalties; procedural fairness is essential in administrative actions.
The main legal point established in the judgment is the requirement of a valid, particularized, and unambiguous show-cause notice before blacklisting, and the need for fair hearing and proportionate ....
A party cannot be blacklisted without a clear and adequate show cause notice, violating principles of natural justice, leading to severe consequences.
The need for a fair hearing and proportionality in blacklisting decisions, as well as the requirement of a valid show-cause notice, are essential principles established in the given judgment.
Point of Law : Tender - Blacklisting - Order of blacklisting has an effect of depriving a person of equality of opportunity in the matter of public contract.
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