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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SANJEEV SACHDEVA, CJ., VINAY SARAF
Jpee Drugs – Appellant
Versus
State Of Madhya Pradesh – Respondent
Order :
Vinay Saraf, J.
1. The instant writ petition has been preferred by the petitioner firm which is engaged in the business of the manufacturing and supplying of the medicines to the government hospitals.
2. Short facts of the case are that the petitioner firm participated in NIT issued for supply of drugs to various government district hospitals in the State of Madhya Pradesh by Department of Public Health & Family Welfare through M.P. Public Health Services Corporation Limited, Bhopal. Petitioner's bid was accepted for supply of drug Ascorbic Acid (Vitamin C) Tab IP 500 mg (tablet) and Ethambutol 400 mg (tablet). Petitioner entered into an agreement for supply of the drugs as per the tender document and thereafter the petitioner supplied Ascorbic Acid (Batch No. JDT-8007) in the month of April and Ethambutol 400 mg (Batch No. JDT-8054) in May to various government hospitalsin the State of Madhya Pradesh. Later on Ascorbic Acid (Batch no. JDT – 8316 and JDT – 7741) were also supplied by the petitioner.
3. A show cause notice dated 23.09.2024 was issued to the petitioner firm seeking explanation that why the petitioner firm be not blacklisted on the ground that drugs supplied by th
The principles of natural justice require that a party be given a fair opportunity to defend itself against allegations made against it. This includes the right to receive a copy of the evidence agai....
The impugned order violated principles of natural justice and tender conditions, leading to its setting aside by the court.
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....
Important points:Supply of Clobazam Tab 5 mg. not satisfying IP specification by the petitioner is an exceptional case which requires a lenient approach. The appellate authority was of the view that ....
The decision to blacklist a contractor must follow due process and communicate the intended action clearly in the show cause notice. Non-supply of essential goods during a pandemic can justify blackl....
Failure to comply with tender conditions warrants legal blacklisting, with no arbitrariness in authority's decisions.
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