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2013 Supreme(P&H) 295

A.K.SIKRI, RAKESH KUMAR JAIN
Mahavir Transmission Udyog Pvt. Ltd. – Appellant
Versus
Punjab State Transmission Corporation Ltd. – Respondent


Advocates:
Advocate Appeared:
Mr. Shailendra Jain, Advocate, for the petitioner.
Mr. J.P.S. Sandhu, Advocate, for respondents No. 1 to 3.

Judgment

A.K. SIKRI, J.

C.M. Nos. 4730-31 of 2013

Allowed.

Replication is taken on record.

Disposed of.

CWP No. 341 of 2013

Facts of the matter need not be traversed in detail. Suffice is to point out that the present petition is preferred by the petitioner questioning the validity of orders dated 25.09.2012 passed by the respondent No. 2, namely, Chief Engineer of Punjab State Transmission Corporation Limited, debarring the petitioner from any future participation in tenders for a period of five years. Prime contention, nay, sole contention of the petitioner is that the aforesaid orders had been passed in violation of principles of natural justice, inasmuch as there was no proper opportunity granted to the petitioner to show cause against such a move on the part of the respondents.

2. As per the records, show cause notice dated 29.07.2011 was issued by the respondents to the petitioner giving him opportunity to explain the alleged irregularities committed by the petitioner in some other contract. However, submission of the petitioner is that this show cause notice was never received by the petitioner and, therefore, the petitioner could not give any reply thereto.

3. While issuing notice o






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