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P.SAM KOSHY
Hope Enterprises – Appellant
Versus
Chhattisgarh Textbook Corporation – Respondent
ORDER :
1. The instant writ petition has been filed assailing the order dated 6.5.2020 Annexure P-1. Vide the said impugned order the respondents have blacklisted the petitioners establishment from being awarded any further work with the respondents.
2. On the previous date of hearing, this Court had directed the counsel for the respondents Chhattisgarh Textbook Corporation to seek instructions particularly as to whether any show cause notice was issued to the petitioner before issuance of impugned order Annexure P-1.
3. Primary contention of the petitioners itself was that the impugned order has been passed in blatant violation of principles of natural justice as also the settled legal position where minimum that was expected from the respondents was to give an opportunity of hearing to the petitioner before imposing of an order like blacklisting which otherwise amounts to a capital punishment.
4. Mr. Arjit Tiwari appearing for learned counsel for respondent Chhattisgarh Textbook Corporation today enters appearance and submits that in fact taking into consideration the developments that had taken place at that point of time particularly the rampant irregularities and illegalities comm
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 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....
Natural justice requires that prior notice be given before penalties such as blacklisting; however, if adequate opportunity and communication are established, decisions can stand.
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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