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RAJESH SHANKA
Quess Corp. Limited, through its Chief Operating Officer-Tej Hans Raj Singh – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
1. Initially the present writ petition was preferred for the following reliefs:-
(b) For issuance of direction upon the concerned respondent authority not to circulate/share the letter dated 15.03.2021 with the Union Government/State Governments and other Governmental entities/departments under its aegis.
2. However, in course of argument, the learned counsel for the petitioner confines his prayer to the extent of quashing the impugned letter as contained in memo no. 789(MD) dated 15.03.2021 (Annexure-11 to the writ petition) issued by the Mission Director, National Health Mission, Jharkhand Ranchi (the respondent no. 3) informing all the Deputy Commissioners in the State of Jharkhand regarding blacklisting of the petitioner by State Headquarters of National Health Mission, Jharkhand.
3. The factual back
Point of law : Before proposing to pass a black listing order or debarring orders the parties had to be given hearing followed by an appropriate reasoned order.
The requirement for a fair hearing and a specific show cause notice before imposing the severe civil consequence of blacklisting, and the need for the authority to determine the period of punishment ....
The main legal point established in the judgment is the requirement for a fair hearing, specific show cause notices, and proportionate punishment before imposing blacklisting in government contracts.
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....
Blacklisting without notice constitutes a violation of the principles of natural justice, requiring fair opportunity for the affected party to present their case.
The judgment emphasizes the importance of fair play, natural justice, non-discrimination, equality, reasonableness, and proportionality in the process of blacklisting, and the need for a valid, parti....
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