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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, MURAHARI SRI RAMAN
Rinabala Sethi D/o Late Seshadeba Sethi – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. background of petitioner's challenge against refusal of security deposit. (Para 1 , 2) |
| 2. admittance of counter affidavit regarding eligibility and compliance. (Para 3 , 4) |
| 3. arguments for reconsideration of blacklisting due to illnesses. (Para 5 , 6) |
| 4. court’s observations on blacklisting process and notice requirements. (Para 7 , 8) |
| 5. legal authority’s requirement for blacklisting and proportionality principles. (Para 10) |
| 6. conclusions regarding procedural failures and unlawful actions taken by authorities. (Para 12 , 13) |
| 7. final order to unblock portal registration and refund. (Para 14 , 15) |
JUDGMENT :
1. Refusal to accept the Additional Performance Security and the Initial Security Deposit being prepared on 24.07.2024 (and not before 22.07.2024) with respect to the work "Clearance of drainage congestion from different drainage channels in Banki and Damapada Block of Cuttack District in Bid identification No.EE-DD-CTC-NO.03/2024-25" as communicated vide Letter No.DDC-ESTR-TENP1-15/2024—4274, dated 12.08.2024 issued by the Executive Engineer, Drainage Division, Cuttack (Annexure-1) was under challenge on the ground that the order of refusal is bereft of reason tho
Principles of natural justice and proportionality must be upheld in administrative decisions such as blacklisting, ensuring that adequate opportunity is provided to contractors to defend against adve....
Administrative actions must adhere to principles of natural justice, allowing reasonable justifications for compliance with contractual obligations, particularly regarding health-related delays.
The Petitioner's suppression of a material fact and approach to the Court with unclean hands led to the dismissal of the Petition.
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 ....
Debarment or blacklisting must be proportionate to the default committed by the bidder. Proper reasons must be provided for blacklisting, and the principles of natural justice must be followed. Black....
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....
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