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SUREPALLI NANDA
Radhika Logistics – Appellant
Versus
Union of India – Respondent
ORDER :
Surepalli Nanda, J.
Heard learned counsel Sri T. Bala Mohan Reddy, appearing on behalf of the Petitioner, Sri Gadi Praveen Kumar, learned Deputy Solicitor General of India appearing on behalf of respondent No.1 and Sri Dominic Fernandes appearing on behalf of the Respondent No.2 and 3.
2. The petitioner approached the court seeking the prayer as under:
3. PERUSED THE RECORD :
A) The relevant portion of the order impugned dated 28.02.2023 issued by the 3rd
Administrative decisions must be reasoned and justified; failure to provide such reasoning can lead to judicial intervention.
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 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.
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 procedural fairness and reasonableness of the actions cannot be called into question as due opportunity was given to the Petitioner.
The court upheld the termination of the dealership agreement based on the critical irregularities as per the Marketing Discipline Guidelines.
Blacklisting of a contractor's vehicles must be proportionate to the offense; lifetime blacklisting is impermissible and must be limited to a reasonable period.
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