Gorkha Security Services vs Govt. Of Nct Of Delhi & Ors on 4 August, 2014
8. The absence of procedural fairness becomes all the more aggravated
in the stated impact of the clause including the absence of a provision for
appeal, the certainty of loss of reputation, deprivation of work and the
arbitrary nature of keeping the period of loss of business uncertain and all
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of these at the whim of DVC. The absence of any opportunity to the
Contractor to rebut the imputation of a poor performance rating including
the absence of personal hearing/representation makes clause 29.0
draconian and arbitrary. It is now well established that unless a statutory
provision specifically or by necessary implication excludes the application of
the rules of natural justice, any action prejudicially affecting another, must
conform with the rules of natural justice: Gorkha Security Services v.
Government (NCT of Delhi); (2014) 9 SCC 105.