Chief Justice's Court
Case :- WRIT - C No. - 28086 of 2018 Petitioner :- Ashok Kumar Bagariya Respondent :- Food Corporation Of India And 3 Others Counsel for Petitioner :- Shri Kant Shukla Counsel for Respondent :- Santosh Kumar Mishra
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Yashwant Varma,J.
Heard Sri Shri Kant Shukla, learned counsel for the petitioner and Sri Santosh Kumar Mishra, the learned Standing Counsel appearing for the respondent Nos. 1 to 4.
This petition challenges an order dated 21 April 2018 blacklisting the petitioner for the next five years thus restraining him from applying or participating in any tender process initiated by the Food Corporation of India (hereinafter referred to as the Corporation). The petitioner has restricted his challenge to the impugned order to the extent that it blacklists the petitioner and in respect of which it was submitted that the order cannot be sustained since it was not preceded by the issuance of a show cause notice.
Although initially, Sri Mishra, learned counsel appearing for the Corporation sought to take us through the communications exchanged between the parties preceding the issuance of the order impugned, he admitted that no show cause notice appears to have been issued to the petitioner prior to the passing of the order of blacklisting. In view of the above, Sri Mishra submitted that the Corporation may be granted liberty to draw proceedings afresh leaving all issues on merits open for consideration. Learned counsel for the petitioner on instructions stated that till such time as the Corporation redraws fresh proceedings and passes final orders with regard to the blacklisting of the petitioner, he shall not participate in any contract or tender process that may be initiated by it.
An order of blacklisting since it undisputedly entails civil consequences cannot be passed against a party without complying with the rudimentary principles of natural justice. Any entity which seeks to blacklist a person is therefore obliged in law to put him to notice of the proposed action enabling him to represent as to why such action be not taken against him. The law on this subject is well settled and is not disputed by learned counsels for parties. In view of the above, it is evident that the impugned order insofar as it blacklists the petitioner cannot be sustained.
We accordingly, with the consent of parties, allow this writ petition and set aside the order dated 21 April 2018 insofar as it blacklists the petitioner. The impugned order dated 21 April 2018 shall be treated as a show cause notice to which the petitioner may respond within a period of fifteen days from today. The Corporation shall finalize the proceedings within a period of four weeks therefrom. We also record and accept the statement made on behalf of the petitioner that till proceedings are concluded by the Corporation he shall neither participate nor claim any right to be permitted to bid or submit any offer in any contract or tender process that may be initiated by the Corporation.
Order Date :- 24.8.2018 Arun K. Singh (Dilip B Bhosale, CJ) (Yashwant Varma, J.)