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SANJEEV SACHDEVA
Excel Sports International – Appellant
Versus
North Delhi Municipal Corporation – Respondent
JUDGMENT
Sanjeev Sachdeva, J. -
Cm APPLN. 18137-38/2021 (Exemption)
Allowed, subject to all just exceptions.
1. The hearing was conducted through video conferencing.
W.P.(C) 5784/2021 & CM APPLN. 18136/2021 (stay)
2. Petitioner impugns order dated 31.03.2021 (allegedly received on 22.05.2021) whereby petitioner has been blacklisted for a period of one year from participating in any tender work of SDMC.
3. Learned counsel for the petitioner, inter-alia, contends that prior to issuance of the subject order no show cause notice was given to the petitioner, putting the petitioner to notice that a possible action of blacklisting is proposed against the petitioner. It is contended that a notice dated 01.12.2020 was issued, however, the notice did not specifically state that an action of blacklisting was proposed against the petitioner.
4. Learned counsel appearing for the respondent-SDMC appearing on advance notice, on instructions of Mr. Sanjay Hingorani, Executive Engineer, Sanitary Land Fields (SLF), submits that without prejudice to the rights and contentions, impugned order dated 31.03.2021 as well as show cause notice dated 01.12.2020 be deemed to have been withdrawn, reserving the right
Procedural fairness and the requirement of a specific show cause notice before taking action such as blacklisting.
The court reaffirmed the requirement of notice and opportunity for a hearing before punitive actions such as blacklisting can be imposed, upholding the principles of natural justice.
The court emphasized the importance of providing a clear and proper opportunity to the party being blacklisted to explain and take remedial measures before being debarred or blacklisted.
The court emphasized the need for strict observance of the principles of natural justice before passing an order of blacklisting and highlighted the requirement of a valid, particularised, and unambi....
A valid blacklisting order requires clear communication of intent and grounds, ensuring the affected party's right to a fair opportunity to respond.
The severity of the effects of blacklisting and the resultant need for strict observance of the principles of natural justice before passing an order of blacklisting.
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 ....
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