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PARTH PRATEEM SAHU
Lakhan Lal Sahu, S/o. Shri Panchuram Sahu – Appellant
Versus
State of Chhattisgarh Through the Secretary, Department of Forest, Mantralaya, Chhattisgarh – Respondent
ORDER :
1. The petitioner has filed this writ petition challenging the legality and sustainability of the order dated 19.05.2023 passed by respondent No.3 for forfeiting the amount of Rs.30,000/- deposited against the contract of transportation of group No.07, 08, group No.14, 17, group No.07, 09, group No. 07, 13, 16, 09 for non-performance of contract of transportation of woods, recovery of 33 ½ percent towards excess expenditure to be incurred with blacklisting and banning the petitioner for a period of 3 years from the date of order.
2. Learned counsel for the petitioner submits that the petitioner is working as Contractor and transporting timber and wood for last two decades. Petitioner was awarded contract for transportation of woods, by the Divisional Forest Officer, Gariyaband. Impugned order was issued on 22.12.2022, 24.01.2023, 30.01.2023 and 21.02.2023. Petitioner started work of transportation of woods from the specified area/work place, however, the sufficient quantity of timber and woods were not available for transportation and further due to untimely rain, road provided by the respondents became non-transportable. Petitioner, on several occasions, wrote letter bringin
The main legal point established in the judgment is the importance of adhering to the principles of natural justice, particularly in decisions pertaining to blacklisting, which entail grave consequen....
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 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.
Blacklisting or debarment cannot be permanent and must be preceded by a specific show cause notice, complying with the principles of natural justice.
The requirement for a fair hearing and a specific show cause notice before imposing the severe civil consequence of blacklisting, and the need for the authority to determine the period of punishment ....
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 ....
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