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A. Y. KOGJE, SAMIR J. DAVE
PMP Infratech Limited – Appellant
Versus
Oil And Natural Gas Corporation Ltd – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. Rule returnable forthwith. Learned advocate Mr. Rituraj Meena waives service of rule on behalf of the respondent- Corporation. At the request of learned advocates for the parties, the matters are taken up final disposal.
2. This petition under article 226 of the Constitution of India is filed for following reliefs:-
(B) Direct Respondent to take a decision afresh after providing a copy of inquiry report and opportunity of hearing and in due compliance of principles of natural justice.
(C) Pending hearing and final disposal of this petition, stay implementation and operation of order dated 19.02.2024 ( at Annexure-A) whereby Petitioner and its allied concerned, partners, associates, and directors and/or proprietors are banned/black listed from doing business with Respondent;
(D) XXXX
(E) XXXX”
3. It is a case where the petitioner is challenging an order dated 19.02.2024 by the respondent-corporation and by the impugned order, the petitioner i
The court established that a blacklisting order must be based on a fair inquiry process, including the provision of relevant reports to the affected party.
The Petitioner's suppression of a material fact and approach to the Court with unclean hands led to the dismissal of the Petition.
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....
Blacklisting in public contracts requires compelling evidence of misconduct; mere disputes over contract terms do not justify severe penalties.
Imposing a 'Holiday Listing' without a personal hearing violates natural justice principles, affecting a party's ability to contract and thus constituting a civil consequence.
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 ....
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