The petitioner challenged a debarment order from a hospital's procurement process passed without a notice. Applying natural justice principles, the court set aside the order.
The impugned order dated 08.11.2023 debarring the petitioner is set aside and the writ petition is disposed of.
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Through: Mr. Mohit Mathur, Sr. Advocate with Mr. Akhil Mittal, Mr. Sunil Mittal, Mr. Vineet Kumar Mishra, Ms. Glory Rana and Ms. Karitika Seth, Advocates.
versus UNION OF INDIA AND ORS. ..... Respondents Through: Mr. Mukul Singh, CGSC with Ms. Ira Singh, Advocate for R-1. Mr. Ashish Rawat, GP and Mr. Hari Krishan Badal, Advocate for UoI. Mr. Tushar Sannu, Mr. Satyam Sondh and Mr. Sahaj Karan Singh, Advocates for R-3.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R
% 03.05.2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/05/2024 at 11:38:39
“16. It is a common case of the parties that the blacklisting has to be preceded by a show-cause notice. Law in this regard is firmly grounded and does not even demand much amplification. The necessity of compliance with the principles of natural justice by giving the opportunity to the person against whom action of blacklisting is sought to be taken has a valid and solid rationale behind it. With blacklisting, many civil and/or evil consequences follow. It is described as “civil death” of a person who is foisted with the order of blacklisting. Such an order is stigmatic in nature and debars such a person from participating in government tenders which means precluding him from the award of government contracts.”
SUBRAMONIUM PRASAD, J
MAY 3, 2024/ Rahul
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/05/2024 at 11:38:39
1 issue framed by the court
Whether the debarment order passed by the Hospital Society without prior notice is void for violating principles of natural justice.
Colour shows how this judgement treated each authority
Gorkha Security Services v. Government (NCT of Delhi) and Ors.Applied¶12
Gorkha Security Services v. Government (NCT of Delhi) and Ors., (2014) 9 SCC 105 · Who else cites this
1 provisions across 1 enactments
Brij Textile
Union of India
Subramonium Prasad
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
Subramonium Prasad
Parties & counsel
