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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
Hem Raj – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ajay Mohan Goel, J.
1. By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:
“(a) That necessary order, direction and writ may please be issued thereby quashing the impugned order dated 31.12.2004 (Annexure P-1) and further direction may please also be issued to decide the matter afresh by affording an opportunity of being heard to the petitioner.
(b) To issue necessary direction, order or writ thereby directing the respondents to allow the petitioner to perform his contractual obligations as per agreement dated 30.03.2024 (Annexure P-2).”
2. The case of the petitioner is that in terms of Annexure P-2 dated 30.03.2024, an agreement was entered into between him and respondent No.2 through its Area Manager qua the transportation of essential commodities from the wholesale godown of respondent No.2 at Ramshehar District Solan to the identified distribution centres. The grievance of the petitioner is that despite the fact that he did not violate any of the terms and conditions mentioned therein, yet, in terms of Annexure P-1 dated 30.12.2024, this agreement was rescinded and the security amount of Rs.80,000/- was ordered to be forfeited a
A show cause notice must align with the grounds for action, and any order taken must be based solely on those grounds to uphold principles of natural justice.
A show-cause notice in quasi-judicial proceedings must inform the noticee of the specific grounds for action and the potential consequences, ensuring compliance with the principles of natural justice....
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.
The principles of natural justice, including the right to a fair hearing and the prohibition of arbitrary actions, are essential in administrative decisions affecting contractual rights, and any puni....
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 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....
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