Datacon Technologies Pvt. Ltd. v. The State of Bihar
Case brief
What is this about?
In a Civil Writ case, the Patna High Court set aside a three-year blacklisting order against an empanelled agency. The Court held that the preceding notice was insufficient as it did not clearly intimate the intention to blacklist or address specific deficiencies, violating principles of natural justice.
What did the court decide?
The order of blacklisting for three years is set aside. The Department is directed to issue a fresh notice specifying grounds and give the petitioner an opportunity to be heard before taking a final d
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13069 of 2022
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Datacon Technologies Pvt Ltd. having its Office at 31/10 Left of Magadi Main Road, behind Saraswathi Convention Center, Bengaluru, Karnataka560079 through its Managing Director Dileep Kumar, Male, 52 years, S/o Jayprakadh M A R/o389, 4th main 3rd Phase 3rd Stage, Kathriguppe, South Banglore, Bengaluru, Karnataka- 560085
... ... Petitioner/s
Versus
- The State of Bihar through the Chief Secretary, State of Bihar
- The Development Commissioner-cum-Chairman, BSBCL, Bihar, Patna.
- The Additional Chief Secretary, Prohibition, Excise and Registration Department, Bihar, Patna.
- Excise Commissioner, Prohibition, Excise and Registration Department, Bihar, Patna.
- The Managing Director, BSBCL, Bihar, Patna.
- The Deputy Commissioner-cum-nodal Officer, Prohibition, Excise and Registration Department, Bihar, Patna.
Issues for consideration
3 issues framed by the court
Whether an order of blacklisting an empanelled agency without a clear notice intimating the intention to blacklist and specific grounds satisfied the requirements of natural justice.
Whether the principle of natural justice requires a direct agreement between the entity and the government for blacklisting to be applicable.
Whether the blacklisting order should be set aside and a fresh hearing conducted after a proper notice.
Parties & counsel
- petitioner
Datacon Technologies Pvt Ltd.
- respondent
State of Bihar
- respondent
Development Commissioner-cum-Chairman, BSBCL
- respondent
Additional Chief Secretary, Prohibition, Excise and Registration Department
- respondent
Excise Commissioner
- respondent
Case details
As recorded by the court registry
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