The High Court of Kerala set aside a notice proposing the cancellation of a contractor's license issued by the Superintending Engineer. The court held that the notice was legally invalid as it failed to state reasons and the proposed hearing was deemed a post-decisional formality.
The notice proposed in Ext.P1 was set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942
WP(C).No.1336 OF 2021(N)
PETITIONER:
KURIAKOSE K.P. AGED 64 YEARS
S/O K.C.POULOSE, CONTRACTOR, KOORANTHAZHATHUPARAMBIL HOUSE, PEECHANIKKAD (NORTH), PULIYANAM P.O.ANGAMALY, ERNAKULAM DISTRICT
BY ADV. SRI.BABU JOSEPH KURUVATHAZHA
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF PUBLIC WORKS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS AND BRIDGES), CENTRAL CIRCLE, ALUVA, ERNAKULAM DISTRICT, PIN-683 101.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 04th day of March 2021
The petitioner who is a contractor
challenges Ext.P1 notice, issued by the Superintending Engineer, the 2nd respondent, proposing cancellation of his license. Ext.P1 notice is stated to have been issued on the
basis of a letter dated 08.12.2020 of the
Secretary to Government, Public Works Department. As per Ext.P1 notice, the
petitioner has been asked to appear for a hearing on 18.01.2021 at 11 a.m., stating the
the Chief Engineer Roads has called for a report after conducting a hearing stating that
the Finance Inspection wing has recommended cancellation of license of the petitioner, in respect of the work of roads and bridges and .
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notice has been issued on the basis of a decision of the Government to cancel his license and no purpose would be served, in case the petitioner appears for a hearing as it is on the direction from the Government to cancel his license. Moreover, nothing is stated in the notice relating to the
circumstances under which the cancellation is recommended or directed.
under which such a notice has been issued.
pointed out that, the petitioner has not been informed of any of the circumstances under which the action is proposed against him. Moreover, it is seen that the hearing proposed in Ext.P1 is on the basis of a direction from the Government. Though the learned Government Pleader submitted that any action would be taken only after hearing the petitioner and
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petitioner would get sufficient opportunity to raise his contentions, Ext.P1 shows that the recommendation of Government is to take steps
for cancellation. On the face of such a direction from Government an officer subordinate to Government, even if gives an opportunity of hearing will not dare to take any other decision. Apart from that even in Ext.P1 the reason for such a proposal is not stated. Any decision for cancellation not preceded by a notice informing reasons for the same and without affording an opportunity of
being heard on that is null and void. Therefore the proposed hearing stated in Ext P1 would only be an empty formality and the same would amount to gross violation of principles of natural justice. The hearing proposed in Ext P1 notice can only be treated
as a post decisional hearing.
set aside. It is made clear that this
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judgment will not stand in the way of the respondents in taking any action against the petitioner in accordance with law and consistent with the principles of natural justice.
The writ petition is accordingly allowed.
Sd/- P.V.ASHA JUDGE
DM
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTICE NO.E3. V.G.1840/2020 DATED 13.1.2021 ISSUED BY THE 2ND RESPONDENT
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
3 issues framed by the court
Whether the notice proposing cancellation of a contractor license is void if it lacks reasons and if the proposed hearing is merely a post-decisional formality.
Whether an administrative notice can rely solely on a superior government direction without stating the underlying circumstances for the penalty.
Whether the proposed hearing affords a meaningful opportunity of hearing under principles of natural justice.
KURIAKOSE K.P.
STATE OF KERALA REPRESENTED BY IT SECRETARY TO GOVERNMENT
SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT
P.V. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
