Hon'ble Manish Kumar,J.
Heard learned counsel for the petitioner, learned State Counsel representing the State, Sri S.B.Pandey, Assistant Solicitor General of India and Senior Advocate, assisted by Sri Raj Kumar Singh, and Anish Srivastava 'Lall', learned counsel representing the NITI Ayog, Sri Sheo Prasad. Shukla, learned counsel representing the Central Bureau of Investigation and Dr. Ravi Kumar Mishra, learned counsel for U.P. State Social Welfare Board.
A bunch of writ petitions involving the same question of law and facts as are involved in this writ petition has been decided by a Co-ordinate Bench of this Court vide order dated 12th January, 2021. The leading writ petition of the said bunch is Writ Petition No.8838 (M/B) of 2020. The order passed in said bunch of writ petitions dated 12.01.2021 is extracted hereinbelow:
"Heard Mr. Pradeep Chandola, Mr.Amar Nath Dubey, Mr. Alok Singh, Mr. Nishant Shukla and Mr. Himanshu Suryayanshi, learned counsel for the petitioners as well as Mr. Anish Srivastava 'Lall', learned counsel for the Niti Ayog and Dr.Ravi Kumar Mishra appearing for the Social Welfare Board and Mr. Shiv P. Shukla, learned counsel appearing for the C.B.I.
This is a bunch of writ petitions involving the same question of law and facts and as such they have been connected and listed together and are being decided by the common judgment.
The writ petitions have been filed for quashing of the impugned black listing of the petitioners who are registered N.G.Os.
Learned counsel for the petitioners, at the very outset, submitted that they are pressing only the relief No.1 as made in writ petition leading case being Writ Petition No.8838 (M/B) of 2020 i.e. with respect to blacklisting of the petitioners.
Learned counsel for the petitioners submits that in the similar facts and circumstances, this Court at Allahabad vide order dated 12.10.2020 passed in Writ Petition Writ-C No. 13735 of 2020; Thakurbari Mahila Vikas Kalyan Samiti and another Vs. Govt. of India and others, has provided that the names of the petitioners N.G.Os. be delisted from the Website of Niti Ayog and the Government can proceed against the petitioners after giving due opportunity to the petitioners. The said writ petition has been disposed of. The relevant portion of the order dated 12.10.2020 passed in Writ-C No. 13735 of 2020, is reproduced below:-
"We have considered the submissions of the learned counsel for the parties.
No justification could be put forward by the learned Standing Counsel to justify the blacklisting of the petitioners' NGO merely the CBI enquiry being pending cannot be a reason for blacklisting.
In our considered view, although the Government is not obliged to allocate any work to the petitioners' NGO but before blacklisting opportunity is required to be given and in this case no such opportunity is given as is reflected from the writ petition.
Learned Standing Counsel also could not satisfy the Court that any opportunity was given to the petitioner. As such, petitioners' blacklisting prima facie appears to be against the principles of natural justice and, therefore, it is directed that the name of the petitioners' NGO be delilsted from the Website of the Niti Ayog filed as Annexure-12 to the writ petition. Accordingly, the writ petition is disposed of with the observation that the Government can proceed against the petitioner after giving due opportunity to the petitioners."
It is also submitted that this Court at Lucknow has also passed the order dated 6.3.2020 in Writ Petition No.4374 (M/B) of 2020; Akhand Jyoti Jan Kalyan Seva Samiti through Anurag Yadav & another vs. Union of India in the similar facts and circumstances and on the same terms and has disposed of the writ petition . The order dated 6.3.2020 passed in Writ Petition No. 4374 (M/B) of 2020, is reproduced below:-
"Heard learned counsel appearing for the petitioner as well as Shri S.B. Pandey, learned Senior Counsel assisted by Shri Varun Pandey, Advocate appearing for the respondents.
By this writ petition, a challenge has been made to the list of N.G.O.s flashed at the Niti Ayog's portal indicating petitioner's N.G.O. to have been blacklisted by the respective organization.
The learned counsel of the petitioner submits that no order of blacklisting has been passed after service of notice to provide opportunity of hearing. In view of the above, the inclusion of the name of the petitioner on the portal needs to be deleted with reactivation of its I.D.
Learned Counsel appearing for the side opposite has made a reference of the order passed by this Court pursuant to which, an F.I.R. was registered by the Central Bureau of Investigation (hereinafter referred to as, the C.B.I. )against number of N.G.O.s including the petitioner N.G.O. Therein serious allegation of misappropriation of fund was made.
The investigation is still pending with the C.B.I. despite the F.I.R. registered in the year 2017.
The C.B.I. had issued an order directing all the concerned not to allocate any scheme and to suspend the fund of the N.G.O.s against whom, case has been registered. Taking into account the letter dated 19.07.2018, issued by the C.B.I., the Niti Ayog has flashed the name of the petitioner's N.G.O. on its portal. In fact, no order of blacklisting the petitioner's N.G.O. has been shown by the side opposite though a direction to debar from allotment of schemes exists.
The learned counsel appearing for the Niti Ayog could not defend the list to the extent of inclusion of the name of the petitioner's N.G.O.
In view of the above, the name of the petitioner from list at annexure no. 1 to the writ petition is ordered to be deleted from the portal of Niti Ayog with reactivation of respective I.D.s With the aforesaid, the writ petition is disposed of, as the counsel appearing for the petitioner has not pressed the other prayers, at this stage."
Learned counsel for the opposite parties do not dispute the aforesaid position.
It is submitted by learned counsel for the petitioners that no order for blacklisting of the petitioners has been issued. They have not been provided any opportunity whatsoever while treating the petitioners to be the blacklisted. The names of the petitioners have been uploaded on the website of the Niti Ayog showing them to be blacklisted.
Learned counsel for Niti Ayog has not been able to show that any opportunity was provided to the petitioners before uploading their names on the website of the Niti Ayog and treating them to be blacklisted.
Learned counsel for petitioners submits that C.B.I. investigation is going on.
We have considered the submissions and gone through the records.
In the facts and circumstances of the case; particularly considering the fact that this Court in the similar facts and circumstances has granted indulgence, these writ petitions are hereby disposed of as under:-
The names of the petitioners from the list at Annexure No.1 to the leading case being Writ Petition No.8838 (M/B) of 2020 is ordered to be deleted from the portal of the Niti Ayog with reactivation of respective I.Ds. The Government can proceed against the petitioners after giving due opportunity to the petitioners.
With these observations, the writ petitions are disposed of. "
Learned counsel representing the respondents could not dispute that the facts involved in this case are akin to the facts of the aforementioned writ petition.
Accordingly, this writ petition is also disposed of in terms of the order dated 12.01.2021 passed by Co-ordinate Bench of this court in leading Writ Petition No.8838(M/B) of 2020.
Order Date :- 11.2.2021 Sanjay