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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SUNIL BENIWAL
Rajputana Freight Carrier – Appellant
Versus
Indian Oil Corporation Limited, Through Its Chairman And Managing Director – Respondent
| Table of Content |
|---|
| 1. writ petition filed regarding transport contract issues. (Para 1 , 2) |
| 2. arguments presented by petitioner against blacklisting. (Para 3 , 4 , 5 , 6) |
| 3. evaluation of blacklisting under itd guidelines. (Para 10) |
| 4. court's final ruling on blacklisting authority. (Para 11 , 12) |
ORDER :
SUNIL BENIWAL, J.
1. This writ petition has been filed by the petitioner with the following prayer :-
“In view of the foregoing facts and circumstances, it is most respectfully prayed that this Hon’ble Court may graciously be pleased to :
i. issue a writ or certiorari or any other appropriate writ, order or direction calling for the records of the impugned guidelines version 4.0 issued by the respondent corporation and to quash portion of the clause 8.2.2 of the ITDG (Annx 8) which states that ‘complicity of the carrier shall be deemed to be existent in case of Duplicate Dip Rod’ the same being illegal, arbitrary ultra vires constitution of India and void in law.
ii. Call for the entire record of the case and by an appropriate writ, order or direction, quash and set aside the impugned show cause notice dated 28.08.2024 (Annx.2) and the impugned order dated 16.10.2025 (An.1) passed by the Chi
The corporation's decision to blacklist the entire fleet upon finding a duplicate dip rod in one truck was justified as per the transport discipline guidelines, emphasizing strict liability for viola....
The procedural fairness and reasonableness of the actions cannot be called into question as due opportunity was given to the Petitioner.
Point of Law : Work tender/Contract - Blacklisting - when the financial loss is not caused, the doctrine of proportionality to blacklist the petitioner beyond the reasons shown in the show cause not....
The power to blacklist a contractor is subject to judicial review and must be exercised in accordance with the principles of natural justice, proportionality, reasonableness, and fairness, especially....
A show cause notice for blacklisting must be based on reasonable grounds and cannot be issued merely for breach of contract without substantial evidence of misconduct.
Blacklisting a contractor requires adherence to natural justice principles, including issuing a show cause notice, and cannot be arbitrary or disproportionate.
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