Raj HC: Convicted Minor Gang Rapist Not Fully Barred From Open-Air Camps; Rules Allow Exceptions  ||  Calcutta High Court: Serving a Show-Cause Notice Via Email is Valid under PMLA Regulations  ||  Del HC: Candidate’s Independent Medical Opinions Don’t Justify Fresh Medical Exam in SSC Recruitment  ||  Calcutta HC: Magistrate Must Assess Grounds, Cannot Order Police Inquiry under Section 175(3) BNSS  ||  SC Grants Law Officer Exam Relief, Saying Students Can’t be Blamed When Judges Differ in Views  ||  SC: Fraudulent Diversion of Company Funds Cannot be Validated by Later Shareholder Ratification  ||  SC: Doctor’s View on a Victim’s Consciousness Prevails over Police Assessment in Dying Declarations  ||  SC: Examining Contradictions and Witness Credibility Exceeds the Scope of Section 319 CrPC  ||  Supreme Court Struck Down Section 60(4), Removing Limits on Maternity Benefits For Adoptive Mothers  ||  Supreme Court: Air Force Group Insurance Society qualifies as ‘State’ under Article 12    

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