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SUJOY PAUL, SHAILENDRA SHUKLA
Health Care Devices Medical Pvt. Ltd. – Appellant
Versus
Madhya Pradesh Public Health Service Corporation Ltd. – Respondent
JUDGMENT :
With the consent, heard finally.
1. This petition filed under section (sic Article) 226 of the Constitution of India takes exception to the order dated 22.01.2021 Annexure P/11 whereby, the Managing Director opined that the reply filed by the petitioner to the show cause notice dated 16.10.2020 is not satisfactory and therefore, passed the order of debarment for a period of six months.
2. Learned counsel for the petitioner pressed various ground to assail the impugned action and order including the ground that without the petitioner was put to show cause notice on 16.10.2020 Annexure P/9, the petitioner filed a detailed reply dated 19.10.2020 Annexure P/10. The respondent despite receiving the said reply did not consider the defense taken in the said reply and jumped to a conclusion that the said reply "is not satisfactory". No reasons are assigned as to why the said conclusion was drawn that the reply is not satisfactory. In absence of reasons, in view of judgment of Hon'ble the Supreme Court in the case of Kranti Associates Pvt. Ltd and Another Vs. Masood Ahmed Khan and Others reported in (2010)9 SCC 496, the impugned order is liable to be set aside.
3. The prayer is oppos
Administrative decisions affecting anyone prejudicially must contain reasons for the conclusion, as emphasized by Section 47 of Kranti Associates Pvt. Ltd and Another Vs. Masood Ahmed Khan and Others....
The requirement of assigning reasons in administrative decisions is essential for procedural fairness and judicial review, as established by the Supreme Court.
The importance of recording reasons in administrative decisions, the need for reasoned decisions based on relevant facts, and the requirement to assign reasonings after application of mind by the Aut....
Blacklisting an entity without providing notice and an opportunity for hearing violates the principles of natural justice and renders the decision invalid.
The necessity of providing reasons in appellate decisions is crucial for ensuring judicial accountability, transparency, and fairness.
The severity of the effects of blacklisting and the resultant need for strict observance of the principles of natural justice before passing an order of blacklisting.
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