Supreme Court: Past Ad Hoc Service Counts for Pension, Not Seniority Against Direct Recruits  ||  SC: CPC Amendment Allowed When New Facts and Reliefs Directly Relate to Existing Dispute  ||  SC: Governing Law Clause Relevant to Determine Arbitral Seat When Two Venues Are Named  ||  Supreme Court: Section 161 CrPC Statements Can Be Considered at Cognizance Stage, Not at Trial  ||  Bombay High Court Directs Release of Protesters Held over Anti-ECI Agitations  ||  Kerala High Court Orders State to Pay Rs. 21,000 Post-Surgery Assistance to Transgender Person  ||  Madras High Court: DVAC Not Entitled to Blanket RTI Exemption in Corruption Cases  ||  Karnataka High Court Strikes Down Enhanced SC/ST Quota for Breaching 50% Reservation Cap  ||  Delhi HC: First-Come, First-Served Policy for Ramleela Ground Allotment is Unfair  ||  Kerala HC Upholds Automatic Revocation of Christian Wills on Marriage under S.69 Succession Act    

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