Punjab-Haryana High Court
M/S.Pawan Kumar Subhash Chander Jain vs Director Social Welfare Haryana And ... on 16 December, 2008
CWP No.11272 of 1988 =1=
In the High Court of Punjab and Haryana at Chandigarh.
Date of decision:16.12.2008
M/s.Pawan Kumar Subhash Chander Jain
... Petitioner
Versus
Director Social Welfare Haryana and others
... Respondents
Present: None for the petitioner.
Mr.SK Monga, Senior Deputy Advocate General,
Haryana, for the respondents.
PERMOD KOHLI, J. (Oral):
I have heard the learned counsel for the respondents at length and perused the record of the case.
The petitioner is aggrieved of the order dated 09.10.1988 (Annexure P-7) passed by the Director Social Welfare Department, Haryana, blacklisting the petitioner-firm for alleged failure to supply the goods according to the approved sample.
It is the admitted case of the parties that the petitioner was placed with the order of supply of goods and some goods were supplied by the petitioner. However, some of the goods supplied were not found to be in accordance with the prescribed norms. Accordingly, the petitioner was asked to replace the same. The petitioner vide his letter CWP No.11272 of 1988 =2= dated 19.08.1988 (Annexure P-6) admitted that some of the goods supplied were not of good quality and also undertook to replace the same at the time of new crops as at the relevant time the goods of the good quality were not available in the market. Even after this letter, the respondents have blacklisted the petitioner vide the impugned letter Annexure P-7.
Without going into the merits and other aspects of the case as also the breach of the contract etc., the impugned order is liable to be set aside as no opportunity of show cause and being heard was afforded to the petitioner on the question of blacklisting for the alleged supply of inferior quality of goods. The impugned order is, therefore, quashed. However, the respondents shall be at liberty to pass a fresh order after issuing show cause notice and affording opportunity of being heard to the petitioner. No costs.
16.12.2008 (PERMOD KOHLI) BLS JUDGE
Note: Whether to be referred to the Reporter? NO