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P. SAM KOSHY
Krishna Infra Developers Registered Partnership Firm – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
P. SAM KOSHY, J.
1. Aggrieved by the impugned order issued by the respondents No. 2 to 4 dated 23.10.2021 whereby the petitioners establishment has been blacklisted/degraded for a period of two years for the alleged ground of non performance, the present writ petition has been filed.
2. The impugned order has been challenged apart from other grounds on the ground of it being violative of principles of natural justice. The contention of the petitioner is that before passing of blacklisting/degrading order, the petitioner was never given any opportunity of hearing inasmuch as even no show-cause notice for the said action was ever issued to the petitioner.
3. Though the petitioner has challenged the said order on merits as well, this court had issued notices to the respondents No. 2 to 4 calling upon them to instruct this court as to whether any opportunity of hearing was given to the petitioner before the impugned order was passed. The respondents have filed their reply and in the reply the stand that they have taken is that before issuance of the impugned order of blacklisting/degrading the respondents infact had issued show-cause notices on three earlier occasions dated 17.0
The main legal point established in the judgment is that a valid, particularized, and unambiguous show-cause notice is essential for decisions pertaining to blacklisting, and a failure to do so would....
Necessity of serving a show cause notice as a requisite of the Principles of Natural Justice before imposing an order of blacklisting, as established by the Hon’ble Supreme Court.
The necessity of issuing a show cause notice before passing an order of blacklisting, specifying the grounds and proposed action in the notice to provide the noticee with an adequate opportunity to r....
The central legal point established in the judgment is the importance of adhering to the principle of natural justice, particularly in cases involving severe penalties such as blacklisting, and the n....
Violation of the principles of natural justice in blacklisting without providing an opportunity of hearing.
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