SC: Daily-Wage Status Cannot Deny Annual Increment After Regularisation  ||  SC: Exam Marks Cannot Substitute Mandatory Qualification under Recruitment Rules  ||  SC: Converting Civil Disputes Into Criminal Cases is a Widespread Practice  ||  Kerala High Court Sets Aside KAAPA Preventive Detention Order Against BJP Councillor R Suguthan  ||  Bombay High Court Punishes Two Lawyers for Contempt over Threats to Trial Judge  ||  MP HC Plea Challenges Municipal Law Over Simhastha Kumbh Road Widening and Compensation  ||  Calcutta High Court Orders DNA Tests to Ascertain Biological Identity in Alleged Baby-Swap Case  ||  Bombay HC Confiscates Man's Phone for Filming Proceedings, Levies Rs. 10,000 Costs  ||  Bombay HC: Accused Must Be Produced Before Court on Plea to Extend Investigation Period  ||  Delhi High Court Directs Criminal Complaint Against Six CBI Officers for False Statement in Court    

Mica Cargo Movers Vs. Union of India and Ors. - (High Court of Delhi) (02 May 2023)

Before taking extreme action of blacklisting, the entity has to be put to notice for the same

MANU/DE/2860/2023

Civil

By way of present petition filed under Article 226 of the Constitution of India, 1950, the Petitioner seeks setting aside of order passed by Respondent No. 2/Northern Railway whereby Petitioner's registration as a contractor with Indian Railways, was cancelled alongwith cancellation of lease contracts, forfeiture of security deposit and blacklisting for a period of 5 years.

Before taking extreme the action of blacklisting, the entity has to be put to notice for the same so that it can answer. An order of blacklisting has the effect of depriving a person of equality of opportunity in the matter of public contract. A person who is on the approved list is unable to enter into advantageous relations with the Government because of the order of blacklisting. A person who has been dealing with the Government in the matter of sale and purchase of materials has a legitimate interest or expectation. When the State acts to the prejudice of a person it has to be supported by legality.

The impugned actions against the Petitioner firm have been taken without issuance of any independent show cause notice or affording a hearing. Even otherwise, the ostensible reason for taking the impugned action also does not survive. In view of the above, present Court finds merit in submissions of learned counsel for the petitioner and directs setting aside of the impugned order. Petition allowed.

Tags : REGISTRATION   CONTRACTOR   CANCELLATION  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved