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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
AJIT KUMAR, SWARUPAMA CHATURVEDI
Wizitec Private Limited – Appellant
Versus
State of Uttar Pradesh – Respondent
| Table of Content |
|---|
| 1. writ petition filed for quashing blacklisting order. (Para 1 , 2) |
| 2. background of the contract and actions leading to blacklisting. (Para 3 , 4 , 5 , 6) |
| 3. arguments against the validity of the blacklisting order. (Para 7 , 8 , 9) |
| 4. respondents’ defense rationale for blacklisting. (Para 10 , 11) |
| 5. court's questioning of the authority and procedure of blacklisting. (Para 12 , 13 , 14) |
| 6. legal principles governing blacklisting and show cause notice. (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 7. court's findings on the legality of the blacklisting order. (Para 21 , 22 , 23 , 24 , 25) |
| 8. final orders quashing blacklisting and remitting case. (Para 26 , 27 , 28 , 29) |
JUDGMENT :
SWARUPAMA CHATURVEDI, J.
1. Heard Sri Ashwini Kumar Yadav, learned advocate holding brief of Sri Narendra Singh, learned counsel for the petitioner and Sri Mukul Tripathi, learned Standing Counsel for the State respondents.
2. By means of present writ petition filed under Article 226 of the Constitution of India, petitioner seeks issuance of appropriate writs, orders or directions, including a writ in the nature of certiorari for quashing the impugned indefinite blacklisting order bearing Letter No. SSA/J.S.P
Indefinite blacklisting without defined duration and proper procedural fairness is arbitrary, violating natural justice principles and requiring a clear basis for such action.
The main legal point established in the judgment is the requirement for a fair hearing, specific show cause notices, and proportionate punishment before imposing blacklisting in government contracts.
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 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 ....
The judgment emphasizes the importance of fair play, natural justice, non-discrimination, equality, reasonableness, and proportionality in the process of blacklisting, and the need for a valid, parti....
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