Court No. - 29
Case :- WRIT - C No. - 34487 of 2021 Petitioner :- M/S Khushiram (Hort)Const. And Supplier Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mahesh Sharma Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
Hon'ble Pritinker Diwaker,J. Hon'ble Ashutosh Srivastava,J.
Sri Mahesh Sharma, learned counsel for the petitioner, Sri Kaushalendra Nath Singh, learned counsel for respondent No.2 and learned Standing Counsel for the State-respondents.
The limited grievance of the petitioner is that a penalty of Rs.25,000/- each in respect of three contracts has been imposed upon him by the impugned notice without giving him any notice or opportunity.
Learned counsel for the petitioner has placed reliance upon a decision of this Court, passed in Writ Petition No. 31848 of 2021, to buttress the point that under similar circumstances this Court has set aside the impugned order on the ground that it was violative of the principles of natural justice.
Learned counsel for the respondents does not dispute that the order has been passed without giving any opportunity of hearing to the petitioner. He submits that in case this Court is setting aside the order, liberty may be granted for passing fresh orders after giving due opportunity of hearing to the petitioner.
In view of the above, without further entering into the merits of the case, we set aside the order dated 16.4.2021 so far as it relates to imposing penalty of Rs.25,000/- each in respect of the three contracts imposed on the petitioner.
Accordingly, the writ petition is disposed of.
We leave it open to the respondents to pass fresh orders after giving due opportunity of hearing to the petitioner.
Order Date :- 23.12.2021 Vandana