JUDGMENT :

1. The petitioners entered into a contract with the Eastern Coalfields Limited. The petitioners have challenged the order dated November 22 2023. By the said order, the contract was terminated. The petitioner no. 1 was banned from the business for a period of two years and penalty was imposed.

2. Mr. Basu, learned advocate appearing on behalf of the petitioners, has assailed the order on the following grounds: -

(a) The order was arbitrary.

(b) The order was issued by the Engineer-in-Charge/Agent CL Jambad OC(H) Patch who did not take the hearing. The order was also not authored by the said authority. It was merely a communication on behalf of the management.

(c) The authority, i.e., the Engineer-in-Charge who issued the show cause notice was under an obligation to hear the petitioners and pass necessary orders.

(d) Non-compliance of such procedure was in violation of the principles of natural justice.

(e) The order talks about the unsatisfactory performance of the work, without any details. Such allegation appears to be vague. The factum of breach of the terms and conditions of the contract and how the petitioners had failed to fulfil the provisions of Clause 9 of the contract