Allowed¶15

Jolly v. Paul v the State of Maharashtra, Thr. Secretary, Department of Energy, Mumbai and Others

Bombay HC28 Apr 2025WP/6720/2024

Case brief

AI extract

What is this about?

Blacklisting/debarment of contractor quashed; three-year exclusion from ongoing and future tenders of Koradi Thermal Power Station; ground of violation of professional conduct and discipline; show cause notice dated 05-11-2024 and blacklisting communication dated 12-11-2024 set aside; High Court of Judicature at Bombay, Nagpur Bench; Writ Petition No. 6720 of 2024; decided 28 April 2025 by Avinash G. Gharote and Abhay J. Mantri, JJ.; petition allowed, no costs.

What did the court decide?

Impugned communication dated 05/11/2024 (page 65) and communication dated 12/11/2024 (page 67) quashed and set aside; petition allowed; no costs. ¶15

Jolly v. Paul vs the State of Maharashtra, Thr. Secretary, Department of Energy, Mumbai and Others — Bombay HC (2025) — LawSathi Research

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2025:BHC-NAG:4389-DB

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ORDER DATED 28/04/2025 1 39-wp 6720.2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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WRIT PETITION NO. 6720 OF 2024

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( Mrs. Jolly V. Paul vs. The State of Maharashtra and others )

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Office Notes, Office Memorandum of Coram, appearances, Court's orders of the directions Court's or Judge's order and Registrar's orders.

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Mr. Rohan Deo, Advocate for petitioner. Mr. S.V.Narale, AGP for respondent No.1. Mr. A.D.Mohgaonkar, Advocate for respondent Nos.2 and 3.

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CORAM : AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

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DATE : APRIL 28, 2025

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Heard. Rule . Rule made returnable forthwith.

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2) On 19/11/2024, the following position was recorded in para 1 as under :-

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“1. The petition questions the blacklisting of the petitioner by the communication dated 12-11-2024 (Page No.67) for a period of three years on the ground of violation of professional conduct and discipline. Mr. A.A. Naik, learned Senior Counsel submits, that the petitioner was engaged for providing semi skilled workers for maintenance at Koradi Thermal Power Station for the duration 1311-2023 to 12-11-2024, which period of contract was about to expire when the show cause notice dated 05-11-2024 (Page No.65) was issued calling upon the petitioner to show cause. Though an explanation has been given on 07-11-2024 (Page No. 66), the petitioner has been blacklisted from participating in any ongoing and future tenders of Koradi Thermal Power Station for a period of three years. It is contended by him, that the explanation given on 07-11-2024 in fact would indicate that there was no indiscipline done by the petitioner, rather the aggressive nature of talk by the petitioner was immediately apologized and, therefore, cannot be a ground of blacklisting the petitioner.”

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Mr.Mohgaonkar learned counsel for respondent Nos.2 and 3 has filed an affidavit dated 25/04/2025 in which

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ORDER DATED 28/04/2025 2 39-wp 6720.2024.doc

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justification for blacklisting the petitioner, is that the petitioner could have ventilated his grievance in a proper manner and not behaved otherwise in front of the other contractors in the meeting. Considering the reason given, which according to us does not justify the action of blacklisting, the impugned communication dated 05/11/2024 (page 65), as well as communication 12/11/2024 (page 67) are hereby quashed and set aside. The petition is allowed in the above terms. No costs.

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(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.)

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KOLHE

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Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 28/04/2025 19:09:54

Jolly v. Paul v the State of Maharashtra, Thr. Secretary, Department of Energy, Mumbai and Others

Case brief

What is this about?

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Jolly v. Paul v the State of Maharashtra, Thr. Secretary, Department of Energy, Mumbai and Others

Case brief

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