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IN THE HIGH COURT OF JHARKHAND AT RANCHI
TARLOK SINGH CHAUHAN, RAJESH SHANKAR
GDX Facility and Management Private Limited – Appellant
Versus
State of Jharkhand through the Secretary, Department of Excise and Prohibition having its office at Utpad Bhawan – Respondent
JUDGMENT :
Tarlok Singh Chauhan, C.J.
1. Heard the parties.
2. The instant writ petition has been filed for grant of the following substantive reliefs:-
“a. Quashing and setting aside the office order as contained in Memo no. 2095 dated 30.11.2023 (Annexure-10) by which the petitioner's services as Placement Agency has been terminated, the security deposit forfeited and further the petitioner company has been blacklisted for a period of three years;
AND b. Quashing and setting aside the office order as contained in Memo no. 2096 dated 30.11.2023 (Annexure-11) by which the petitioner has been directed to hand over of retail liquor shops for its operation to another placement agency;
AND c. Consequent to setting aside of the office order as contained in Memo no. 2095 dated 30.11.2023 and Memo no. 2096 dated 30.11.2023, reinstate the petitioner company's services as Placement Agency supplying manpower to Zone 3 (Ramgarh and Bokaro) and Zone 6 (Palamu, Garhwa and Latehar).”
3. During pendency of the writ petition, the petitioner filed I.A. No.5850 of 2025 confining its claim only to the extent of challenge to the blacklisting order passed by the respondents. It shall be apposite to extract th
A party cannot be blacklisted without a clear and adequate show cause notice, violating principles of natural justice, leading to severe consequences.
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 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 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.
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