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MANINDRA MOHAN SHRIVASTAVA, ANIL KUMAR UPMAN
Co-Operative Drug Factory – Appellant
Versus
National Ayush Mission – Respondent
| Table of Content |
|---|
| 1. requirements of show-cause notice for blacklisting (Para 2 , 7 , 12) |
| 2. court's final judgment to allow appeal (Para 3 , 13) |
| 3. lack of proper notice for blacklisting (Para 4 , 5 , 9) |
| 4. principles of natural justice in blacklisting (Para 6 , 10 , 11) |
ORDER :
1. Heard.
2. Learned counsel for the appellant would argue that the learned Single Judge while dismissing the writ petition has incorrectly held that the appellant has an alternative remedy, whereas, there is no alternative remedy to the appellant. He would submit that present is not an issue relating to claim of certain payments, but the appellant's challenge to the order of blacklisting rests on one of the main grounds that without proposing the action of blacklisting, the impugned order was passed, and therefore, it was contrary to the principles of natural justice. In support of his contentions, he relied upon the decision of the Hon'ble Supreme Court in the case of Erusian Equipment & Chemicals Ltd. v. State of West Bengal , (1975) 1 SCC 70 . He submits that the legal position is settled in the case of Erusian Equipment (supra) passed by Hon'ble Supreme Court. He supports his contentions by relying on the rec
The main legal point established in the judgment is that a valid, particularized, and unambiguous show-cause notice is essential for decisions pertaining to blacklisting, and a failure to do so would....
The necessity of issuing a show cause notice before passing an order of blacklisting, specifying the grounds and proposed action in the notice to provide the noticee with an adequate opportunity to r....
The court emphasized the need for strict observance of the principles of natural justice before passing an order of blacklisting and highlighted the requirement of a valid, particularised, and unambi....
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