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RAJESH SHANKAR
Sai Traders, a proprietorship concern through its sole Proprietor Smt. Shobha Pandey, Kinamar, Latehar – Appellant
Versus
State of Jharkhand through the Principal Secretary, Department of Home, Prison & Disaster Management, Ranchi – Respondent
JUDGMENT :
The present writ petition has been filed for quashing the Office Order as contained in memo no. 2274 dated 04.11.2020 (Annexure-11 to the writ petition) issued under the signature of the respondent no. 2 – the Inspector General of Prison, Government of Jharkhand, Department of Home, Prison & Disaster Management, Ranchi, whereby the petitioner has been blacklisted for five years. Further prayer has been made for quashing letter no. 964 dated 05.11.2020 (Annexure-11/1 to the writ petition) issued by the respondent no. 4 – the Superintendent of Jail, Divisional Jail, Lohardaga, whereby in pursuance of the said office order, the petitioner has been debarred from supplying any food material in the Divisional Jail, Lohardaga with immediate effect against the work allotted to it for the fourth quarterly period of contract i.e., 01.10.2020 to 31.12.2020.
2. Learned counsel for the petitioner submits that the petitioner had participated in the tender floated by the respondent no. 4 and being the L-1 bidder, it was allotted the work of supplying food materials at Lohardaga Jail as an annual contract for a period from 01.04.2019 to 31.03.2020. The petitioner duly supplied the food ma
The main legal point established in the judgment is the requirement of a valid, particularized, and unambiguous show-cause notice before blacklisting, and the need for fair hearing and proportionate ....
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....
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.
A party cannot be blacklisted without a clear and adequate show cause notice, violating principles of natural justice, leading to severe consequences.
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