Madhya Pradesh High Court
Padmesh Agrawal vs Union Of India on 22 July, 2022
Author: Chief Justice
Bench: Ravi Malimath, Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 22nd OF JULY, 2022
WRIT PETITION No. 16722 of 2022
Between:-
PADMESH AGRAWAL, S/O LATE SHRI MAHESH
CHANDRA AGRAWAL, AGED ABOUT 48 YEARS,
OCCUPATION: ENGINEER R/O A-71 SAGAR
ROYAL HOMES, HOSHANGABAD ROAD
BHOPAL (MADHYA PRADESH)
.....PETITIONER
(BY SHRI AKSHAY PAWAR - ADVOCATE)
AND
1. UNION OF INDIA, THROUGH ITS SECRETARY
M I N I S T R Y OF ROAD TRANSPORT AND
HIGHWAYS, 1 PARIAMENT STREET TRANSPORT
BHAWAN, NEW DELHI
2. CHIEF ENGINEER, MINISTRY OF ROAD
TRANSPORT AND HIGHWAYS 2ND FLOOR
NIRMAN BHAWAN ARERA HILLS BHOPAL
(MADHYA PRADESH)
3. SUPERINTENDENT ENGINEER, MINISTRY OF
ROAD TRANSPORT AND HIGHWAYS, 2ND
FLOOR NIRMAN BHAWAN, ARERA HILLS
BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PUSHPENDRA YADAV - ASSISTANT SOLICITOR GENERAL FOR RESPONDENTS) This petition coming on for admission this day, Hon'ble Shri Justice Signature NotRavi Malimath, Verified Chief Justice passed the following:
Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 7/22/2022 ORDER 5:40:04 PM Shri Pushpendra Yadav - Assistant Solicitor General takes notice for 2 respondents.
The petitioner seeks to challenge the impugned communication dated
02.05.2022. The said communication is produced as Annexure P-1. The same was addressed to Authority's Engineer, M/s Theme Engineering Services Private Limited, employer of the petitioner.
The very same communication was a subject matter of litigation before this Court in Writ Petition No.11546 of 2022. Vide order dated 15.06.2022 the petition was disposed off in view of the reasons assigned in Writ Petition No.11494 of 2022 decided on 15.06.2022. The said Writ Petition No.11494 of 2022 pertained to a contractor whereas, the subsequent Writ Petition No.11546 of 2022 pertained to the consultant. However, the principle that governed the adjudication was as to whether the respondents could blacklist the petitioner when such a notice of blacklisting was not issued. Therefore, the question of law that arose for consideration therein is similar to the one that arises for consideration herein. Hence, both counsels submit that the petition may be disposed off in terms of the order passed in Writ Petition No.11494 of 2022, dated 15.06.2022.
In view of the same, the petition is disposed off in terms of the order dated 15.06.2022 passed in Writ Petition No.11494 of 2022. The impugned communication dated 02.05.2022, Annexure P-1 insofar as it relates to debarring the petitioner from participating in any tender/RFP issued is set aside. The respondents are always at liberty to pursue such remedy as available to them under the contract in accordance with law.
Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 7/22/2022 5:40:04 PM(RAVI MALIMATH) (VISHAL MISHRA) 3 CHIEF JUSTICE JUDGE taj Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 7/22/2022 5:40:04 PM