Court No. - 38
Case :- WRIT - C No. - 42395 of 2018 Petitioner :- M/S Kashi Vishwanath Enterprises Respondent :- State Of U P And Another Counsel for Petitioner :- Shiv Kumar Singh,Vivek Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
By means of this writ petition, the petitioner has come to this Court raising a grievance that his firm was registered contractor for doing works for the department. One such quotation was floated and the petitioner was allowed contract to do the work. It was found that the work was being done by some other person and not the contractor, therefore, the contract was cancelled and the work was allotted to some other persons and at the same time the petitioner was black listed.
According to the petitioner blacklisting of the petitioner without giving an opportunity is violation of the principles of the natural justice. From the impugned order it appears that several notices were sent to the petitioner but the petitioner did not respond, therefore, the order has been passed. So far as the cancellation of the contract is concerned, the authorities are totally justified but in so far as the black listing is concerned, one opportunity is to be given to the petitioner.
The writ petition is disposed of with the observations that so far as the back listing of the petitioner in the impugned order is concerned that cannot be sustained. Rest of the order has not been interfered by this Court. That part of the order by which the petitioner has been black listed is quashed. The authorities are at liberty to give an opportunity to the petitioner and thereafter to proceed to black list the petitioner in case it is so required.
Order Date :- 19.12.2018 VPC (Vivek Varma,J) (Abhinava Upadhya,J)