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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Rongon Mukhopadhyay, Pradeep Kumar Srivastava
Ranjan Kumar – Appellant
Versus
Ranchi Municipal Corporation, Ranchi – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 2 , 3) |
| 2. arguments regarding the validity of blacklisting (Para 4 , 5) |
| 3. legal reasoning on procedural fairness (Para 6 , 7 , 8 , 9) |
| 4. court's decision on the validity of previous order (Para 10) |
| 5. conclusion on appeal outcome (Para 11) |
JUDGMENT :
Heard Mr. A.K. Sahani, learned counsel for the appellant and Mr. L.C.N. Shahdeo, learned counsel appearing for the respondent Ranchi Municipal Corporation.
2. This appeal is directed against the order dated 06-01- 2015 passed by the Learned Single Judge in W.P.(C) No. 3901 of 2013 whereby and whereunder the challenge which has been made to the blacklisting of the writ petitioner has been rejected.
3. The factual aspects of the case reveal that the writ petitioner/appellant was a registered contractor under the Ranchi Municipal Corporation and pursuant to N.I.T. No. 6056 dated 18-12-2012, the writ petitioner had made his offer in respect of Group No. 64 relating to the work of improvement of road from Kanke Road-Military Camp Road Junction to Ratu Road, Durga Mandir. The writ petitioner, being successful in the Notice Inviting Tender, the work was accordingly allotted to him. An agreement
The blacklisting of a contractor without a proper show-cause notice outlining the potential for such action violates principles of natural justice and legal standards for debarment.
Blacklisting or debarment cannot be permanent and must be preceded by a specific show cause notice, complying with the principles of natural justice.
It is a settled position of law that a fair hearing to the party being blacklisted is an essential pre-condition for a proper exercise of the power and a valid order of blacklisting made thereto.
Indefinite blacklisting without defined duration and proper procedural fairness is arbitrary, violating natural justice principles and requiring a clear basis for such action.
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