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2024 Supreme(Ori) 214

ORISSA HIGH COURT: CUTTACK
B.R.SARANGI, ACJ., MURAHARI SRI RAMAN
Kalinga Warriors – Appellant
Versus
Orissa Minerals Development Co. Ltd., Keonjhar – Respondent


Advocates Appeared:
For the petitioner:M/s P.C. Rath and S.S. Rath, Advocates
For the opp. parties :Mr. P.K. Parhi, DSGI along with Mr. S.S. Kashyap, Central Government Counsel, Mr. Subham Sharma, Advocate

Table of Content
1. petition to quash blacklisting order (Para 1 , 2)
2. arguments on procedural fairness in tender process (Para 3 , 4)
3. court's observations on reasoned decisions (Para 5 , 6)
4. requirement for reasoning in administrative decisions (Para 7 , 8 , 9 , 10)
5. emphasis on principles of natural justice in blacklisting (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19)
6. final decision quashing non-reasoned order (Para 20 , 21)

JUDGMENT :

1. The petitioner, by means of this writ petition, seeks to quash the order dated 10.08.2023 passed by opposite party no.3 under Annexure-1 in blacklisting and debarring the petitioner from participating in the future tenders to be floated by the Orissa Minerals Development Company Limited for a period of one year.

3. Mr. P.C. Nayak, learned counsel appearing for the petitioner contended that the order under Annexure-1 is non-speaking one and has been passed by the authority without providing opportunity of hearing to the petitioner. In the said order, it has only been indicated that the petitioner has been blacklisted from participating in future tender of OMDC for a minimum period of one year from the date of issue of the letter in accorda

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