Back
SANJAY DWIVEDI
Health Secure (India) Pvt. Ltd. – Appellant
Versus
State of M. P. – Respondent
ORDER
1. Since the pleadings are complete, therefore, with the consent of learned counsel for the parties, the matter is heard finally.
This petition is under Article 226 of the Constitution of India questioning the legality, validity and propriety of the orders dated 15.2.2017 (Annexure-P/14), 20.2.2017 (Annexure-P/15) and 30.11.2017 (Annexure-P/20).
2. As per the petitioner, the respondents illegally and in an arbitrary manner passed the impugned orders contrary to the terms and conditions of tender document and breached the settled principle of law as before passing the orders which carries civil consequences has not followed the principle of audi alteram partem. As per the petitioner, the respondents before proceeding against the petitioner did not care to issue any show cause notice and passed the order of blacklisting of the petitioner and consequentially considering it to be blacklisted invoked the performance bank guarantee that too for a different product whereas the dispute in regard to a single product.
3. The appeal preferred against the said order was rejected without going into the merits of the case and without considering the grounds raised by the petitioner in its a
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 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 ....
A party cannot be blacklisted without a clear and adequate show cause notice, violating principles of natural justice, leading to severe consequences.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
