Patna High Court - Orders
M/S Arun Manufacturing Company vs The North Bihar Power Distribution ... on 13 April, 2023
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5406 of 2023
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M/S Arun Manufacturing Company a Proprietorship Firm, having its
manufacturing unit at KH-228, Karawal Nagar, Delhi through its proprietor,
namely, Arun Kumar gupta, Resident of C-8/13, Krishna Nagar, P.S. Krisnha
Nagar, District East Delhi (Delhi)
... ... Petitioner/s
Versus
1. The North Bihar Power Distribution Company Ltd. (NBPDCL) through its
Managing Director having its Registered Office at Vidyut Bhawan, Bailey
Road, Patna.
2. The Managing Director, North Bihar Power Distribution Company Ltd.,
Vidyut Bhawan, Bailey Road, Patna.
3. The Chief Engineer (S and P), North Bihar Power Distribution Company
Ltd., Vidyut Bhawan, Bailey Road, Patna.
4. The Senior Manager (Finance), North Bihar Power Distribution Company
Ltd., Vidyut Bhawan, Bailey Road, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Mohit Agarwal, Advocate
For the NBPDCL : Mr. Kunal Tiwary, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
2 13-04-2023Heard learned counsels for the respective parties.
In the instant petition, petitioner has assailed blacklisting him for a period of three years. Perusal of the show cause notice, the author of the show cause notice has not indicated while giving proposal as to why the petitioner shall not be blacklisted for three years. Such a requirement is warranted in the light of the Apex Court decision in the case of Patna High Court CWJC No.5406 of 2023(2) dt.13-04-2023 2/3 UMC Technologies Pvt. Ltd. vs. Food Corporation of India and Another, reported in (2021) 2 SCC 551. That apart, reading of number of judgments in respect of blacklisting, the following points were required to be examined by the concerned authority:-
(i) The order of blacklisting involving civil consequences cast slur. Such an action can be taken only on the basis of objectives, satisfaction of the authority concerned. The fundamental of fair play required that the person concerned should be given an opportunity to present his case before he is put on blacklisting.
(ii) The order of blacklisting must specifically spell out the intention of blacklisting.
(iii) The order of blacklisting must be speaking order supported with reasons.
(iv) Blacklisting cannot be for an indefinite period and the period of blacklisting should be fixed based on doctrine of proportionality of the case.
In view of these facts and circumstances, petitioner has made out a prima facie case for granting interim order of staying the operation of blacklisting order dated 13.03.2023.
Respondents are hereby directed to file their counter Patna High Court CWJC No.5406 of 2023(2) dt.13-04-2023 3/3 affidavit within a period of four weeks.
Re-list this matter on 11.05.2023.
(P. B. Bajanthri, J) (Arun Kumar Jha, J) GAURAV S./-
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