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JAGMOHAN BANSAL
Kharar Rice Mills – Appellant
Versus
State of Punjab – Respondent
JAGMOHAN BANSAL, J.
1. By this common order, both writ petitions bearing Nos. CWP-10250-2021 and CWP-10379-2021 are disposed of as impugned orders are common and involve common questions. For the sake of convenience, facts are borrowed from CWP-10250-2021.
2. The petitioner, through instant writ petition under Article 226 of the Constitution of India is seeking setting aside of order dated 06.11.2020 (Annexure P-5) passed by District Allotment Committee (‘DAC’) whereby petitioner has been blacklisted for 3 years and order dated 05.04.2021 (Annexure P-13) passed by respondent No.1 whereby second appeal of the respondent has been allowed.
3. The brief facts of the case are that petitioner is engaged in the business of processing/converting paddy into rice. The business of the petitioner depends upon receipt of paddy from the Government Agencies. The respondent, from time to time, frames policy with respect to allotment of paddy to different rice mills through procurement agencies. For the Crop Year 2020-21, the petitioner was allotted particular quantity of paddy for conversion. The respondent-authorities on physical verification found that petitioner has stored unauthorized paddy. A sh
Natural justice principles require a fair hearing before any order with civil consequences is made, as established in several Supreme Court decisions.
The central legal point established in the judgment is the importance of adhering to the principle of natural justice, particularly in cases involving severe penalties such as blacklisting, and the n....
Violation of the principles of natural justice in blacklisting without providing an opportunity of hearing.
The necessity of issuing a show cause notice before passing an order of blacklisting, specifying the grounds and proposed action in the notice to provide the noticee with an adequate opportunity to r....
Blacklisting has the effect of denying a person or an entity the privileged opportunity of entering into government contracts. This privilege arises because it is the State who is the counter party i....
The principles of natural justice must be adhered to in administrative proceedings affecting civil rights; failure to provide a fair hearing invalidates the resulting orders.
Natural justice requires that prior notice be given before penalties such as blacklisting; however, if adequate opportunity and communication are established, decisions can stand.
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