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ABDUL QUDDHOSE
Rali Engineering Works, represented by its Proprietor, L. Lenin, Tuticorin – Appellant
Versus
Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation Limited, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records of the second respondent show cause notice in Lr.No.CE/TTPS/SE/P&A/EA/F.OT No.1959-M/Po No.8273-N/D No. /18, dated .01.2018 and consequent impugned order of the second respondent banning the petitioner firm participating in future tenders of TENGEDCO, TANTRANSCO and TNEB Ltd for the next five years in Lr.No.CE/TTPS/EA/F.Enq.1959-M/D.1826/19, dated 02.08.2019 and quash the same.)
This Writ Petition has been filed challenging the show cause notice, dated 05.01.2018 and the consequential final order, dated 02.08.2019 passed by the second respondent banning the petitioner from participating in the future tenders of TANGEDCO, TANTRANSCO and TNEB Limited for the next five years.
2. Brief facts leading to the filing of this Writ Petition:
3. The second respondent had floated a tender in the year 2014 and one M/s.BMW Steels Limited had satisfied the BQR conditions. M/s.BMW Steels Limited in the principal offer letter, dated 11.02.2014 addressed to the Tuticorin Thermal Power Station, has mentioned that they had authorised the petitioner to get order o
The main legal point established in the judgment is the requirement for a clear mention of the proposed blacklisting action in the show cause notice, as well as the need to adhere to principles of na....
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 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 ....
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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