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SANJAY KUMAR MEDHI
Avijantrik Infratech Pvt Ltd – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
The extraordinary powers conferred by Article 226 of the Constitution of India is sought to be invoked by means of this petition wherein the petitioner has put to challenge an order dated 29.10.2021 by which a decision of the Railway Board has been conveyed. The said decision pertains to banning the business dealings with a Joint Venture of which the petitioner is a constituent for a period of 5 years. The petitioner alleges that the aforesaid action is bad in law as the same has been issued without following the due process of law. The petitioner has specifically pleaded that there has been violation of the principles of natural justice.
2. Before going to the issue to be decided, it would be beneficial to record the facts of the case in brief.
3. As per the projected case of the petitioner, a Notice Inviting Tender (NIT) was issued on 27.06.2019 by the Chief Engineer/Con-V. In response to the same, the petitioner with another entity as Joint Venture (JV) had submitted the bid along with all requisite documents. After completion of the tender process, the work was however, allotted to a third party. Thereafter, two further tender notices were issued o
The main legal point established in the judgment is the requirement for a clear mention of the proposed blacklisting action in the show cause notice, as well as the need to adhere to principles of na....
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....
The requirement of giving reasons, adherence to principles of natural justice, and fairness in administrative actions, especially in cases of blacklisting or imposing penalties, is essential for a va....
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.
The judgment emphasizes the importance of fair play, natural justice, non-discrimination, equality, reasonableness, and proportionality in the process of blacklisting, and the need for a valid, parti....
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