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SANJEEV SACHDEVA
Monty – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Sanjeev Sachdeva, J. - CM aPPL. 14821-22/2022 (Exemption)
allowed, subject to all just exceptions.
W.P.(C) 4987/2022&CM aPPL. 14820/2022 (interim dir)
1. Petitioner impugns letter dated 11.03.2022 whereby the respondent has stated that the termination of the contract of the petitioner affected by order dated 27.10.2021 is correct and holds good. Further, petitioner has been debarred from participating in the tender invited by Delhi Division for next two years.
2. Learned counsel for the petitioner submits that the impugned termination letter dated 11.03.2022 is bereft of any reasoning and does not even take into account the response given by the petitioner to the show cause notice.
3. Learned counsel further submits that earlier a termination letter dated 27.10.2021 which is also referred to the impugned communication dated 11.03.2022, was issued. However, the same was issued on ground different than the ground which was put to the petitioner.
4. Learned counsel submits that in the first show cause notice dated 19.07.2021, the only ground mentioned was with regard to alleged non-payment of the licence fee.
5. Learned counsel submits that there is a shortfall in payment of lic
The grounds for termination must be properly communicated, and the petitioner's response must be considered before passing a termination order.
Administrative decisions must be based on communicated grounds and consider responses to show cause notices for fairness.
The judgment emphasizes the importance of natural justice and fair procedure in quasi-judicial proceedings, highlighting the need for open-mindedness and a reasonable opportunity for the party to reb....
Termination of a license without a show cause notice or consideration of refundable fees violates natural justice and judicial directives.
Contractual termination notice must be issued by the authorized Railway Administration, adhering to principles of natural justice.
The court has the discretion to extend the time for response and can direct the respondent to pass a speaking order after considering the petitioner's responses.
Administrative notices require responses and no adverse action may be taken without providing the opportunity to respond, reflecting principles of natural justice.
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