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SUREPALLI NANDA
Anjana Sravani Enterprises – Appellant
Versus
State of Telangana – Respondent
JUDGMENT :
Heard the Learned Counsel for the Petitioner and the learned Government Pleader for Medical and Health.
2. This Writ Petition is filed to issue a Writ of Mandamus declaring the action of respondent No.3 in blacklisting and suspending the services of the petitioner vide MemoNo.1511/ESI/HL/SNR/S1/2022 dated 24.11.2022 without looking into the explanation submitted by the petitioner as illegal, arbitrary and violative of principles of natural justice.
3. The case of the petitioner, in brief, is as follows:
a) Petitioner is a diet contractor and had participated in the e-Tender notice No.989/ESI/SNR/2022 dated 22.10.2022 for supply of Patient and Duty Doctors diet for the period from 16.04.2022 to 14.04.2023 and was declared as successful bidder and after inquiry, the contract was awarded to the petitioner for supply of diet as per the norms.
b) Petitioner received a memo from the office of the 3rd respondent vide Memo No.1280/ESI/HL/SNR/Stores dated 22.09.2022 stating that the experience certificate which was furnished by the petitioner during the e-tender was fake and called for explanation of the petitioner, along with original documents to be produced within 7 days. The petit
Point of law : Before proposing to pass a black listing order or debarring orders the parties had to be given hearing followed by an appropriate reasoned order.
The main legal point established in the judgment is the requirement of a valid, particularized, and unambiguous show-cause notice before blacklisting, and the need for fair hearing and proportionate ....
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.
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