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VIVEK RUSIA
Agrawal Road Lines (M/s. ) – Appellant
Versus
Hindustan Petroleum Corporation Limited – Respondent
ORDER
1. The petitioner has filed the present petition challenging the validity of the order dated 11.12.2020 passed by Deputy General Manager HPCL whereby the petitioner has been blacklisted with forfeiture of security amount of Rs. 8 lacs.
2. Petitioner is a proprietorship concern having its registered office at Mhow Neemuch Road, Pipliamandi and engaged in the business of providing Tank Trucks (TT) to Oil Companies.
3. Respondent No.1 is a Government of Indian Enterprises comes within the meaning of State under Article 12 of the Constitution of India, hence amenable to the writ jurisdiction. Respondent No.2 is a Deputy General Manager, who has passed the impugned order on behalf of respondent No.1.
4. On 5.7.2017, an NIT was published for engaging Truck Tankers for the work of road transportation of bulk white oil petroleum products like Motor Spirit, High-Speed Diesel or Branded Fuels from IOC Bangrod IRD to various retailers located within the State of Madhya Pradesh or outside. The petitioner submitted a bid and the same was accepted being the highest among other bidders. Thereafter letter of acceptance was issued on 12.12.2017 with the direction to complete the formalities of th
Blacklisting of a contractor's vehicles must be proportionate to the offense; lifetime blacklisting is impermissible and must be limited to a reasonable period.
The main legal point established is that a valid show cause notice for imposing the penalty of blacklisting the entire fleet of TTs must clearly inform the noticee about the possibility of such penal....
The main legal point established in the judgment is the importance of adhering to the principles of natural justice, particularly in decisions pertaining to blacklisting, which entail grave consequen....
The corporation's decision to blacklist the entire fleet upon finding a duplicate dip rod in one truck was justified as per the transport discipline guidelines, emphasizing strict liability for viola....
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....
The power to blacklist a contractor is subject to judicial review and must be exercised in accordance with the principles of natural justice, proportionality, reasonableness, and fairness, especially....
The admission of tampering with locks justified the blacklisting and imposition of damages, and comparisons with other cases did not support the appellant's claim of discrimination.
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