SC: Exporters with Pending Applications Prior to Rule 96(10) Omission Entitled to IGST Refund  ||  Bombay HC to Scrap Law College Intake Cuts if Mumbai University Follows Prescribed Timelines  ||  Delhi HC Orders Removal of Derogatory Online Content Targeting Actress Tabu  ||  Madras HC Orders Interim Elected Panel to Manage State Bar Council Affairs Until New Committee Forms  ||  Patna HC: Whatsapp Messages Need Section 65B Certificate, Oral Evidence is Insufficient  ||  Allahabad HC: Denying Maintenance That Forces Wife into Destitution Violates Art 21 Right to Dignity  ||  Rajasthan HC Takes Suo Motu Notice of Structural Defects After IIT Bombay Warns Dome May Collapse  ||  Bombay HC: 0.1 Mg Above Alcohol Limit is Insufficient to Warrant a Drunken Driving Trial  ||  Supreme Court: Marking a Document as an Exhibit Does Not Prove its Contents  ||  Supreme Court: Unpaid Consideration Alone Does Not Invalidate a Sale Deed    

Mamta Khadotiya vs. Union Of India - (High Court of Bombay) (18 Aug 2023)

Prior show cause notice granting reasonable opportunity of being heard is essential element of all administrative decision-making

MANU/MH/3239/2023

Commercial

Instituting present proceeding under Article 226 of the Constitution of India, 1950, a challenge has been laid by the petitioner to an order to the extent the said order debars/blacklists the petitioner from participating in the bid process of catering licence of a contract for any Zonal Railways-IRCTC for a period of 5 (five) years. Under challenge is another order whereby the debarment order has been reiterated by the Divisional Commercial Manager.

As a matter of fact, the notices, did not call upon the Petitioner to show cause why debarment order may not be passed. Any notice issued requiring the petitioner to make deposit of the licence fees does not fulfill the requirement of show cause notice which is necessarily to be issued before passing of an order of debarment/blacklisting. In absence of such notice, the impugned order is in clear violation of the principles of natural justice and hence, the same cannot be sustained.

The law in regard to debarment/blacklisting is very clear. The Hon'ble Supreme Court in the case of UMC Technologies Private Limited vs. Food Corporation of India and Anr. has clearly observed that a prior show cause notice granting reasonable opportunity of being heard is an essential element of all administrative decision-making and particularly so in decisions pertaining to blacklisting which entail grave consequences. The orders are set aside. It will, however, be open to the Respondents to take decision afresh after issuing proper show cause notice. Petition disposed off.

Tags : DEBARMENT ORDER   SCN   ISSUANCE  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved