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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, MURAHARI SRI RAMAN
Alokashirbad Panda, Son of Niranjan Panda – Appellant
Versus
State of Odisha, represented through Principal Secretary Water Resources Department Government of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge to cancellation of tender decision. (Para 1 , 2) |
| 2. opposite parties' defense against petitioner's claims. (Para 3) |
| 3. court's hearing and procedural notes. (Para 4) |
| 4. petitioner's arguments regarding blacklisting. (Para 5) |
| 5. justifications provided by the opposite parties. (Para 6) |
| 6. court's references to analogous cases. (Para 7) |
| 7. court's directive to unblock petitioner’s registration. (Para 8) |
| 8. conclusion of the writ petition. (Para 9) |
ORDER :
Case of the petitioner:
2.1. Though pursuant to said letter of acceptance the petitioner was supposed to attend the office on or before 03.07.2024, he could not do so as he was suffering from Dengue from 01.07.2024 to 06.07.2024. Since banks were closed on account of holidays on 07.07.2024 and 08.07.2024, the APS and ISD could be prepared on 09.07.2024 and 10.07.2024 respectively as instructed in the letter of acceptance dated 27.06.2024. Due to unforeseen circumstances the petitioner was prevented for sufficient and reasonable cause to comply with the instructions of the opposite parties.
2.3. Despite the petitioner's willingness to execute the agreement and deposits being made towards the APS and ISD, the Additio
Administrative actions must adhere to principles of natural justice, allowing reasonable justifications for compliance with contractual obligations, particularly regarding health-related delays.
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....
The Petitioner's suppression of a material fact and approach to the Court with unclean hands led to the dismissal of the Petition.
Blacklisting without a show-cause notice is legally unsustainable, emphasizing procedural fairness in public procurement processes.
Disqualification from tender processes necessitates adherence to procedural fairness; blacklisting without notice is arbitrary and invalid.
Blacklisting as a penalty requires clear proof of intentional misconduct, and actions taken based on allegations alone may be deemed disproportionate and legally untenable.
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