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DELHI HIGH COURT
SANJEEV SACHDEVA
Monty – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. termination of contract by letter. (Para 1) |
| 2. petitioner argues improper grounds for termination. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 3. court observes lack of consideration of responses. (Para 10 , 13 , 14 , 15) |
| 4. court sets aside termination letters. (Para 16 , 17 , 19) |
| 5. conclusion and rights reserved for both parties. (Para 18 , 20) |
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
Administrative decisions must be based on communicated grounds and consider responses to show cause notices for fairness.
The grounds for termination must be properly communicated, and the petitioner's response must be considered before passing a termination order.
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.
Administrative notices require responses and no adverse action may be taken without providing the opportunity to respond, reflecting 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.
Contractual termination notice must be issued by the authorized Railway Administration, adhering to principles of natural justice.
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