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SHEKHAR B. SARAF, MANJIVE SHUKLA
A. K. Construction Company – Appellant
Versus
Union of India – Respondent
JUDGMENT :
(pronounced in open court by Hon’ble Shekhar B. Saraf, J.)
1. Heard Sri Anoop Trivedi, learned Senior Advocate assisted by Sri Devansh Mishra and Sri Vibhu Rai, learned counsel appearing for the petitioner and Sri Mahendra Pratap, learned counsel for the National Highway Authority of India (hereinafter referred to as the “NHAI”).
2. This is a writ petition under Article 226 of the Constitution of India wherein the petitioner is assailing the order dated March 31, 2024, passed by the Chief General Manager, Commercial Operations, National Highway Authority of India (being the Respondent No. 3). This order was passed pursuant to the show cause notice issued upon the petitioner dated May 24, 2024, to which the petitioner had given a reply on May 27, 2024.
3. By the impugned order, the petitioner’s contract with the NHAI for running the Kaithi Fee Plaza was terminated, and the petitioner was debarred from the list of pre-qualified bidders for a period of six months.
4. Sri Anoop Trivedi, learned Senior Advocate for the petitioner, has submitted that on a bare perusal of the impugned show cause notice, it is clear that the said show cause notice reeks of pre-meditation and is a fai
The principles of natural justice, including the right to a fair hearing and the prohibition of arbitrary actions, are essential in administrative decisions affecting contractual rights, and any puni....
The impugned actions of issuing the show cause notice and blacklisting the petitioner were arbitrary, unconstitutional, and violated principles of natural justice. The court emphasized the requiremen....
The requirement for a fair hearing and a specific show cause notice before imposing the severe civil consequence of blacklisting, and the need for the authority to determine the period of punishment ....
Natural justice requires that prior notice be given before penalties such as blacklisting; however, if adequate opportunity and communication are established, decisions can stand.
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....
A blacklisting order requires a specific show-cause notice to uphold principles of natural justice; its absence renders the blacklisting illegal and arbitrary.
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