ORDER :

1. Heard Sri J.N. Mathur, learned Senior Advocate, assisted by Sri Shobhit Mohan Shukla, learned counsel for the petitioner and Sri Shikhar Anand, learned counsel for the respondent.

2. This petition has been filed with the following main relief:-

"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 19.01.2023 passed by opposite party no.3 General Manager (R) Food Corporation of India, T.C./3, Vibhuti Khand, Gomti Nagar, Lucknow as contained in Annexure No.1 to the writ petition so far as it relates to blacklisting of the petitioner for a period of three years'

(ii) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to give effect to the impugned order dated 19.01.2023 passed by opposite party no.3 General Manager (R) Food Corporation of India, T.C/3, Vibhuti Khand, Gomti Nagar, Lucknow, as contained in Annexure No.1 to the writ petition so far as it relates to blacklisting of the petitioner for a period of three years'

(iii) to issue a writ, order or direction in the nature of Certiorari quashing the impugned Show Cause Notice 08.11.2021 as contained in Annexure No.2 to the writ petition.

(iv) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to give effect to the impugned Show Cause Notice 08.11.2021 as contained in Annexure No.8 to the writ petition."

3. Learned Senior counsel has fairly stated that he does not wish to press prayer nos.3 and 4 relating to the challenge made to the show-cause notice dated 8.11.2021, in so far as it relates all other penalties except blacklisting.

4. It has been argued by learned counsel for the petitioner that petitioner is a Proprietorship Firm dealing with handling and transport of food grains. The Food Corporation of India invited a handling and transport contract tender through tender notice issued on 19.08.2020 for Lakhimpur and on 26.11.20204 for Sitapur and Chhilwaria in District Gonda.

5. The petitioner applied in the aforesaid tender and was declared successful. The contract was awarded to the petitioner. It appears that a complaint was made by one Sri Sanjeev Kumar Trivedi on 26.03.2021 against the petitioner alleging that one M/s Veena Traders was appointed as contractor for Lambhua Centre in District Sultanpur under the RFC Ayodhya Division in the year 2018-19 and for the left over period of 2019– 2020. One truck of M/s Veena Traders was allegedly caught by the police black marketing PDS stock at Lambhua and an F.I.R was registered on 22.01.2020 against M/s Veena Traders. The RFC Ayodhya by an order dated 27.05.2020 forfeited the security deposit of M/s Veena Traders and debarred it from participating in any tender of RFC for one year i.e. for the year 2020–2021. The petitioner being a partner of such Firm had concealed this fact while participating in the tenders for the year 2020–2021.

6. A copy of the complaint was never given to the petitioner. On 08.11.2021, a notice was issued by the respondents mentioning that such a complaint had been received from one Sri Sanjeev Kumar Trivedi and that the petitioner being partner of M/s Veena Traders, which was blacklisted by RFC Ayodhya, did not mention in the application form that such blacklisting was done.

7. A preliminary enquiry had been made from the office of the Sub-Registrar Lucknow, where it was found that in the partnership deed dated 29.11.2016, the petitioner's name was mentioned as one of the partners of M/s Veena Traders. Therefore, it was prima facie concluded that the petitioner had not revealed the correct facts as is required under the MTF Appendix 1 point no. 7. Consequently, the petitioner needed to show cause within seven days of receipt of such notice as to why action under Clause 13 of the MTF may not be taken against her.

8. The petitioner replied to the said show-cause notice, wherein she stated that the petitioner M/s Pooja Jaiswal had entered into a partnership de