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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D. KARIA, L. S. PIRZADA
S.A. Infracom Through Sanjay Lalda Patel – Appellant
Versus
Jetpur-Navagadh Nagarpalika Through Chief Officer – Respondent
| Table of Content |
|---|
| 1. facts surrounding the blacklisting of the petitioner and contractual obligations. (Para 5) |
| 2. arguments for and against the legitimacy of blacklisting. (Para 6 , 7 , 8 , 9 , 11 , 12) |
| 3. court’s analysis and observations on the facts and legal principles. (Para 13 , 14 , 15 , 16 , 17) |
| 4. court's reasoning on authority and appropriate use of blacklisting. (Para 18 , 19 , 20) |
| 5. final decision to quash the blacklisting order. (Para 21) |
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)
1. Heard learned advocate Mr. Munjaal M. Bhatt for the petitioner and learned advocate Mr. Bhavesh P. Trivedi for the respondent.
2. Having regard to the controversy in narrow compass with the consent of the learned advocates appearing on behalf of respective parties, the matter is taken up for the final hearing.
3. Rule returnable forthwith. Learned advocate Mr. Bhavesh P. Trivedi waives service of notice of Rule on behalf of the respondent.
4. By this petition under article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:
a) This Hon’ble Court may be pleased to issue an appropriate writ of mandamus or any other writ, order or direction quashing and
Blacklisting in public contracts requires compelling evidence of misconduct; mere disputes over contract terms do not justify severe penalties.
(1) Debarment as a remedy is to be invoked in cases where there is harm or potential harm for public interest particularly in cases where person’s conduct has demonstrated that debarment as a penalty....
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 ....
The Petitioner's suppression of a material fact and approach to the Court with unclean hands led to the dismissal of the Petition.
Blacklisting or debarment cannot be permanent and must be preceded by a specific show cause notice, complying with the principles of natural justice.
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 main legal point established in the judgment is the requirement for a fair hearing, specific show cause notices, and proportionate punishment before imposing blacklisting in government contracts.
The power to blacklist a contractor is subject to judicial review and must be exercised in accordance with the principles of natural justice, proportionality, reasonableness, and fairness, especially....
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