SUREPALLI NANDA
Agile Security Forces Pvt. Ltd. – Appellant
Versus
State of Telangana – Respondent
ORDER :
Heard learned senior counsel Sri C.V. Mohan Reddy for the Petitioner and learned Government Pleader for Medical & Health on behalf of the Respondents No.1 & 2.
2. This petition is filed by the petitioner to issue an appropriate writ, order or direction more particularly in the nature of Mandamus to declare the impugned Memo Rc.No.G204/Peshi/2022, dated 02.04.2022 whereby blacklisting the petitioner without giving opportunity, notice and following due procedure as illegal, arbitrary, unconstitutional, violative of principles of natural justice and violative of Articles 14 and 21 of the Constitution of India and consequently set aside the impugned Memo. No.G204/Peshi/2022, dated 02.04.2022.
3. The case of the petitioners, in brief, is as follows :
(b) The 1st respondent entered into an agreement with the 1st petitioner company for provision of the IHFM Services at MGM Hospital, Warangal, which in
M/s. Erusian Equipment & Chemicals Ltd. vs. State of West Bengal and Another
Gorkha Security Services Vs. Government (NCT of Delhi) & Ors.
Rastriya Ispact Nigam Ltd. Vs. Verma Transport Company
Deffodills Pharmaceuticals Limited and Another vs. State of Uttar Pradesh and Another
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 for a fair hearing, specific show cause notices, and proportionate punishment before imposing blacklisting in government contracts.
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 ....
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