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SUBRAMONIUM PRASAD
Irijesh Kumar – Appellant
Versus
National Highways And Infrastructure Development Corporation Limited – Respondent
JUDGMENT
Subramonium Prasad, J.
1. The present writ petition has been filed under article 226 of the Constitution of India by the petitioner seeking quashing of the impugned department order dated 11.08.2022 passed by the respondent no.1/ National Highways and Infrastructure Development Corporation Limited whereby the petitioner was blacklisted/ debarred from participating in future projects of Ministry of Road Transport and Highways (hereinafter referred to as MoRTH )/ National Highways and Infrastructure Development Corporation Limited (hereinafter referred to as NHIDCL) for a period of 2 years from the date of issuance of the order.
2. Shorn of unnecessary details the facts leading up to filing of the present petition are as follows:
3. Respondent no.1/NHIDCL floated a tender/Request For Proposal (RFP) dated March, 2022 inviting proposals from eligible consultants for "Consultancy services for Authority's Engineer for supervision of improvement of existing road to 2 laning with Hard Shoulders of Maram - Peren section (Package-III, length 34.494 km) from Design Chainage km 75.000 to km 109.494 on NH- 129A in the State of Manipur on EPC mode (hereinafter referred to as The Proje
The main legal point established in the judgment is that before blacklisting a person/entity, adequate notice and an opportunity to be heard must be provided, in accordance with the principles of nat....
The necessity of a specific show cause notice for blacklisting and the requirement to state the proposed action.
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 ....
Blacklisting or debarment cannot be permanent and must be preceded by a specific show cause notice, complying with the principles of natural justice.
The impugned actions of issuing the show cause notice and blacklisting the petitioner were arbitrary, unconstitutional, and violated principles of natural justice. The court emphasized the requiremen....
Blacklisting of a contractor must adhere to the principles of natural justice, requiring a specific show cause notice containing proposed penalties. Furthermore, permanent or indefinite blacklisting ....
A party cannot be blacklisted without a clear and adequate show cause notice, violating principles of natural justice, leading to severe consequences.
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