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SANJAY K. AGRAWAL, ARVIND SINGH CHANDEL
Food Corporation of India – Appellant
Versus
Chhattisgarh Gadiwan Hamal Reza Mazdoor Mahasangh – Respondent
ORDER :
Sanjay K. Agrawal, J
1. This writ appeal is directed against impugned order dated 29.04.2019 passed by the learned Single Judge by which the writ petition filed by the respondent No.1 herein has been allowed and the order of blacklisting dated 26.10.2018 has been quashed.
2. The writ petitioner/respondent No.1 herein filed writ petition seeking quashment of order dated 26.10.2018 blacklisting him for the period of 5 years from the date of order, alleging that the copy of CBI report on which the order of blacklisting has been based was not supplied to him despite having been demanded by application dated 26.07.2018. Furthermore, show cause notice was issued to the writ petitioner with predetermination and opinion has already been formed to blacklist him and, therefore, it was a mere formality to issue show cause, as such, order of blacklisting was liable to be set aside. The said petition was opposed by the writ appellant herein that the order of blacklisting has been passed strictly in accordance with law.
3. Learned Single Judge, allowed the writ petition by setting aside the order dated 26.10.2018 by which the writ petitioner was blacklisted holding that the CBI report, which
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....
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.
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....
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....
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.
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