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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SOUMITRA SAIKIA
AK Interior & Exterior Associates, represented by its sole proprietor, Mr. Abdul Motin – Appellant
Versus
Indian Oil Corporation Limited – Respondent
| Table of Content |
|---|
| 1. background of the petitioner's empanelment and contracts. (Para 1 , 2) |
| 2. details regarding the show-cause notice and reasons for work collapse. (Para 3 , 4) |
| 3. petitioner's defense against allegations of sub-standard materials. (Para 5 , 6 , 7 , 8) |
| 4. alleged violation of natural justice in holiday listing process. (Para 9 , 10) |
| 5. respondent's defense regarding holiday listing procedure. (Para 11 , 12) |
| 6. court’s observation on the holiday list's effects and legal grounds. (Para 13 , 14 , 15) |
| 7. legal principles from cited judgments regarding blacklisting. (Para 17 , 18 , 19 , 20 , 21 , 22) |
| 8. judicial review standards and principles of natural justice. (Para 23 , 24 , 25) |
| 9. importance of personal hearing in administrative decisions. (Para 26 , 27) |
| 10. court's conclusions on the enforcement of natural justice principles. (Para 28) |
| 11. verdict to remand for personal hearing and order set aside. (Para 29 , 30) |
JUDGMENT :
(SOUMITRA SAIKIA, J.)
This writ petition is filed by the petitioner who was an empanelled Contractor with the respondent Corporation under the Silchar D.O. The writ petitioner is a proprietorship concern having its office at South Sarania, Asshram Road, Ulub
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 a contractor requires adherence to natural justice principles, including issuing a show cause notice, and cannot be arbitrary or disproportionate.
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 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 importance of following due procedure and considering the gravity of the offense in determining the period of blacklisting.
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