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2020 Supreme(Ori) 204

IN THE HIGH COURT OF ORISSA AT CUTTACK
MOHAMMAD RAFIQ, B.R.SARANGI
Satis Goel – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Petitioner:M/s. S.K. Dash, S.K. Das, A.K. Otta, S. Das, A. Sahoo, S. Mohanty and P. Das, Advocates.
For the Opposite Party :Ms. S. Pattnaik, Addl. Government Advocate, Mr. G.C. Mohapatra, Advocate

Table of Content
1. petitioner's blacklisting proceedings (Para 1 , 2)
2. arguments on violation of natural justice (Para 3 , 4 , 5 , 16)
3. analysis of natural justice principles (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 17 , 18 , 19 , 20)
4. court's decision quashing blacklisting order (Para 21)
5. final ruling on writ petition (Para 22)

JUDGMENT :

The petitioner, who is a transport contractor (Level-II), has filed this writ petition to quash the order no.1830 dated 17.05.2020 passed by the Collector, Sundargarh blacklisting him from participating in all tender process of civil supplies as well as other departments for a period of two years across the State, and consequential order no.1837 dated 17.05.2020 passed by the District Manager, OSCSC Ltd., Sundargarh vide Annexure-6 terminating the agreements, as the same have been passed in violation of principles of natural justice.

2.1 During process of execution of the job of loading of the stock of 200 bags of rice and unloading the same at Fair Price Shop, allegation of carriage of the PDS rice in the tipper bearing registration no. OD-14 B 6865 engaged by the petitioner was detected at Khandahar hill top on 27.04.2020 and on th

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