Writ petition challenging a blacklisting order issued without prior notice. The bench held that failure to provide notice violates natural justice and quashed the order, noting the Government cannot invoke penal clauses if it ignores basic administrative principles.
Impugned order dated 23.02.2009 blacklisting the petitioner is quashed and 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.
W.P.(C) No. 3993 of 2009
“Prima facie, the blacklisting is done without issuing notice to the petitioner.
However, learned counsel for opposite party no.1 requests for time.
Accordingly, the matter to come up on 29.07.2019.”
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All connected Misc.Case(s)/I.A(s), if any is/are accordingly disposed of.
.…….......……………… ( K.S. Jhaveri ) Chief Justice
…………………..……… (K.R.Mohapatra) Judge
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3 issues framed by the court
Whether an order of blacklisting a petitioner agency without prior notice violates the principle of natural justice.
Whether the Government can invoke penal clauses of an agreement if it fails to follow basic principles of natural justice.
Whether the impugned order of blacklisting should be quashed on grounds of violation of natural justice.
Colour shows how this judgement treated each authority
M/s. Kulja Industries Limited v. Chief Gen. ManagerReferred¶9
AIR 2014 SC 9 · Who else cites this
Petitioner-Agency
Opposite Party no.1-Government
K.S. Jhaveri
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
