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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA
Shri Sailen Kumar Sharma S/o- Lt. Mani Ram Sharma – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. petitioner was blacklisted for contract violations. (Para 2 , 3) |
| 2. legal rules regarding debarment periods and the requirement for show cause notices. (Para 4 , 5 , 6) |
| 3. court's view on the validity and sustainability of received notice. (Para 11) |
| 4. requirement of specific allegations in show cause notices for blacklisting. (Para 12 , 13 , 14 , 15) |
| 5. debarment is not permanent and must be justified. (Para 16 , 17 , 18 , 20 , 21) |
| 6. impugned blacklisting orders are set aside due to lack of proper notice and grounds. (Para 22 , 23 , 24) |
JUDGMENT :
MICHAEL ZOTHANKHUMA, J.
Heard Mr. S. Sarma, learned counsel for the petitioner. Also heard Mr. R.M.Das, learned counsel for the Water Resources Department.
2. The petitioner is aggrieved with the office order dated 13.05.2022 issued by the respondent No.2, by which he has been blacklisted for illegally withdrawing 2% Earnest Money amounting to Rs.9,65,000/-, which was deposited against work order No.CE/CC/WR/WO/SOPD-FDR/2019-20/1011/222 dated 28.05.2020 in relation to the work “Reconstruction of breached like damage embankment at U/S & D/S of Rly. line along with improvement of Noona R/B embankment along with A/E measures of d
Blacklisting orders must comply with principles of natural justice, requiring specific grounds and opportunity for rebuttal; such orders cannot be indefinite and are subject to revocation.
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 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.
Indefinite blacklisting without defined duration and proper procedural fairness is arbitrary, violating natural justice principles and requiring a clear basis for such action.
Blacklisting decisions must adhere to principles of fairness, reasonableness, and natural justice, ensuring proper consideration of the contractor's defense.
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....
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