Back
VIJU ABRAHAM
Abcon Engineering – Appellant
Versus
Superintend of Engineer, PWD Road Section, Kozhikode – Respondent
JUDGMENT :
VIJU ABRAHAM, J.
1. The above writ petition is filed seeking to quash Ext.P12 order whereby the petitioner firm was blacklisted and the licence granted to the firm has been cancelled.
2. Brief facts of the case are as follows:- The petitioner is a contractor. As per agreement No. SE(K)/186/2017-18 dated 09.10.2017, the petitioner executed the road works of improvements to Padiyotchal- Kodamuttu Road KM0/000 to 7/400 in Kannur district. The work commenced on 13.10.2017 and the same was duly completed on 30.03.2019, within the extended period granted by the department. Ext.P1 is the copy of the certificate of completion of work with a covering letter dated 19.10.2019 and Ext.P2 is the copy of the experience certificate. As per Ext.P3 Government Order, the defect liability period (DLP) for the type of work of the kind the petitioner executed is 18 months. Reckoning the period of completion from 30.03.2019, the defect liability period of 18 months is over on 30.09.2020. The petitioner has also made available necessary credentials like quality control test from the PWD-approved quality laboratory centre. Having satisfied that the work is perfectly executed and no defects whatsoe
It is a settled position of law that a fair hearing to the party being blacklisted is an essential pre-condition for a proper exercise of the power and a valid order of blacklisting made thereto.
A contractor cannot be blacklisted without clear justification and adherence to procedural requirements, including the issuance of a show-cause notice.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
