Jan 04, 2025 09:26 PM IST
The PWD orders dated December 29, 2023 and January 24, 2024 have been challenged by way of a bunch of petitions
The Allahabad excessive court docket has held that the Public Works Division can not blacklist an organization indefinitely.
For illustration solely (HT File Picture)
The bench comprising justice Shekhar B Saraf and justice Vipin Chandra Dixit held in bunch of petitions filed by M/s MI Building, M/s Mohd Jeeshan Contractor and Mohd Jeeshan, a contractor, whose character certificates was cancelled after the 2 corporations have been indefinitely blacklisted by the division for allegedly offering fallacious info.
The PWD orders dated December 29, 2023 and January 24, 2024 have been challenged by way of a bunch of petitions. By the orders, the petitioner agency was arbitrarily and illegally debarred for six months and later blacklisted for an indefinite interval.
Advocate Tanisha Jahangir Monir showing for the petitioners argued, “No reason whatsoever has been recorded by the respondent while passing the impugned orders. It is too settled law that where an
authority makes an order in exercise of quasi-judicial function, it must record its reasons in support of the order it makes.”
“An order of blacklisting is required to be passed taking into consideration all aspects and should not be passed in a casual and cavalier manner. Further, a company cannot be blacklisted for an indefinite period.”
The court docket after listening to the events involved allowed the petitions and noticed, “ Accordingly, the order of blacklisting and the earlier order of debarring are quashed and set aside. We make it clear that respondent authority shall be at liberty to issue a fresh show cause notice, if so advised and proceed in accordance with law.”