Ganjbasoda whereby, the petitioner/contractor has been
directed to be permanently blacklisted from participating into the ten-
der/contract of the respondent ... Annexure-P/1) was passed whereby the petitioner
has been permanently blacklisted from participation in the future ten-
der of the respondents.
4. Learned counsel
AnnexureA to
the petition) by which the petitioner is blacklisted permanently.
Page 1 of 21
C/SCA/11979/2016 CAV JUDGMENT
[2.0] The facts ... communication dated 13.06.2016, the petitioner is informed that
the petitioner is blacklisted permanently from doing any work with
the University.
[2.2] Feeling aggrieved and dissatisfied
Corporation passed the impugned
order/resolution by which the petitioner is
permanently blacklisted. The petitioner has,
therefore, challenged the said order by filing
the present ... power to blacklist the petitioner under
certain circumstances, the order of permanent
blacklisting cannot be passed. In support of the
said contention, learned advocate
passed by the respondent No.3
whereby the petitioner was permanently blacklisted. However, during pendency
of the present writ petition, the respondent No.3 vide ... transactions.
(iii) Blacklisting has long-lasting civil consequences
for the future business prospects of the blacklisted
person. It also tarnishes the blacklisted person
that no such order received by the petitioner. As against the permanent blacklisting/permanent ban order, the petitioner has come forward with this writ petition ... language of the impugned order of blacklisting. From the language at least, it appears that blacklisting is permanent."
14. A mere perusal
prayer in the writ petition insofar as illegality, arbitrariness and
permanent blacklisting of the petitioner is concerned and had
also prayed for grant of leave ... passed by the
impugned order dated 05.07.2013 is an order of permanent
blacklisting which amounts to capital punishment and the
facts and circumstances of this
firm and the directors of
the firm, have been blacklisted permanently from doing the business
with the Haryana Government.
2. Petitioner No.1-firm ... issue of the letter as to why penal action
of permanently blacklisting their firm along with its Directors from doing
business with the Haryana Government
only to the extent petitioner has been permanently blacklisted and contention is that blacklisting cannot be permanent without providing a specific period therefor ... mention any period, and, therefore, this is nothing but a "permanent blacklisting" which is not permissible in law. Learned Senior Counsel has pressed
before passing the order of blacklisting. It is also not disputed
that the blacklisting of the petitioner is permanent, and not for
any particular period ... blacklisting, the blacklisted person
would also face a loss of reputation and prestige which would affect
his other business dealings.
An order of blacklisting
that
under the
garb of a purported suspension, the petitioner has been permanently blacklisted, as
no time period for the suspension of the registration ... grossly
disproportionate and excessively harsh as it amount to permanent
debarment/blacklisting. Permanent blacklisting incurs ineligibility from
participation in tender proceedings of other government functionaries
