mandatory requirement to give such a show
cause notice before black listing. It is also undisputed that in the
present case the show cause notice ... noticed that there was specific power reserved by the respondent to black
list the defaulting contractor for a period of 4 years. In view
SC1086 (28)
ACT:
Constitution of India, 1950, Art. 14-Black listing of
contractors without opportunity to show cause-Validity.
HEADNOTE:
Certain persons engaged ... Director General, Supplies and Disposals, were
put on the black list by the Government, because, Government
had information that they were indulging in some
malpractices
SCALE (2)1326
ACT:
Administrative Law: Black listing--Right to be heard--
Making representation against the order--Necessity for.
HEADNOTE:
The appellant ... time.
The Collector, Samastipur by an order cancelled the bid
and black listed the appellant. He then moved the High Court
against the order
impugned order does not even specify the time period for black-listing and consequently the black-listing is for an indefinite period of time.
(viii ... lack of any reasoning in the order communicating the black-listing and in this behalf referred to the judgment of the Supreme Court in States
kinds of lubricants to the petitioner No. I and from ousting, black-listing, coercing or pressurising them from the business of dealing with all kinds ... supply of lubricant oils to the firm has the effect of black- listing the firm and is arbitrary and against the principles of natural justice
upon the petitioner as to why the firms should not be black-listed by the Government vide show cause notice dated ... said that such an action would tantamount to black-listing the petitioner.
10. It is submitted by Sri Vedula Venkataramana, learned Counsel for the petitioner
appellant. In short, the appellant was informed that it
was black-listed. In W.P. No.23361 of 2001, the appellant had challenged
the order ... without approval. It was pleaded that the actions
of black-listing and cancellation of the bids were patently illegal, hazardous
and likely to cause prejudice
extent of submitting that the very concept of black listing or suspending dealings during the pendency of the black listing/banning proceedings was offensive ... Garg. The stand taken by Mr. Sarin is that power to black list/ban a dealer as also a power to suspending dealings do vest
petitioner to explain as to why it should not be black listed for not conducting examination for various posts of respondents properly ... natural justice. It is further submitted that the order of black listing the petitioner by respondent no. 2 is violative of Article
detailed note proposed criminal action as
well as that of black-listing the contractors which included
respondents no.3 & 4 also. The Municipal Commissioner ... respondents
were already on the approved list of the Bank. To remove
them from the list amounts to black-listing. The wholesale
ban to deal
